SENATE COMMITTEE ON JUDICIARY

 

 

May 21, 2003                                                                                                       Hearing Room 343

8:00 AM                                                                                                                     Tapes 136-137

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Charlie Ringo

Sen. Charles Starr

Sen. Vicki Walker

 

MEMBERS EXCUSED:        Sen. Ted Ferrioli

 

STAFF PRESENT:                 Craig Prins, Counsel

                                                Bill Joseph, Counsel

Jane Bodenweiser, Committee Assistant

 

MEASURE/ISSUES HEARD:           SB 613 Work Session

HB 2658A Public Hearing

HB 2581A Public Hearing

HB 2592A Public Hearing

HB 2066A Public Hearing

HB 2986A Public Hearing and Work Session

HB 3344A 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 136, A

004

Chair Minnis

Calls the meeting to order at 8:10 a.m. and opens a work session on SB 613.

SB 613 WORK SESSION

006

Craig Prins

Committee Counsel.  Introduces SB 613 that authorizes game official to order coach, team player or spectator to leave sports event, and the -4 amendments (EXHIBIT A).

046

Sen. Peter Courtney

Senate District 11.  Introduces Mr. Don Carter and Mr. Tom Walter.  Asks that the -4 amendments be adopted.

073

Tom Walter

Executive Director, Oregon School Activity Association. Testifies in support of SB 613.

112

Don Carter

Legal Counsel, Oregon School Activity Association.  Testifies in support of SB 613, says the -4 amendments provide additional requirements of training and certification of the officials.

152

Vice Chair Burdick

Asks about the relationship of this bill to the free speech provision in the Oregon Constitution.

160

Carter

Says that behavior is what is being addressed, not speech.

177

Vice Chair Burdick

Asks if this bill would address insulting comments.

184

Carter

Says that persistence of such conduct could rise to the level covered in this bill.

190

Chair Minnis

Understands that it is the refusal to leave, not the actual conduct that constitutes the crime.

204

Prins

Agrees with that understanding.

227

Sen. Walker

Asks about liability protection if an official ejects the wrong person.

242

Sen. Courtney

Explains why he chose not to address this issue.

280

Chair Minnis

Concurs that adding the liability language puts a burden on the official to make a good decision.

288

Sen. Courtney

Says it is a judgment call that would be difficult to address in the language of a bill.

300

Chair Minnis

Acknowledges that as a policeman, he would want some other articulation of facts that would support the justification.

316

Sen. Walker

Asks about announcements being made before a sporting event that would inform the attendees of what is expected of them regarding sportsmanlike conduct.

328

Walter

Says there is suggested language offered, but there is no guarantee that those announcements are made at all levels of competition.

340

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 613-4 amendments dated 5/20/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

344

Chair Minnis

Hearing no objection, declares the motion CARRIED.

345

Vice Chair Burdick

MOTION:  Moves SB 613 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

349

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. COURTNEY will lead discussion on the floor.

362

Chair Minnis

Closes the work session on SB 613 and opens a public hearing on HB 2658A.

HB 2658A PUBLIC HEARING

367

Rep. Jeff Merkley

House District 47.  Introduces HB 2658A that exempts public employee and volunteer social security numbers from disclosure under Public Records Law.

379

Sen. Walker

Asks why we don’t prohibit the release of social security numbers from any employer.

389

Rep. Merkley

Explains that this bill was drafted to be narrow and address an immediate issue.

416

Mark Landauer

City of Portland, Government Relations.  Testifies in support of HB 2658A.

466

Sen. Walker

Asks if there would be opposition to expanding this legislation to cover any private employee.

TAPE 137, A

010

Rep. Merkley

Explains that public employers are in a different position than private employers because Public Records Law only applies to public employers.

017

Sen. Walker

Believes we should not be releasing social security numbers at all.

026

Stephanie Harper

City of Portland.  Submits testimony and testifies in support of HB 2658A (EXHIBIT B).

071

Sen. Walker

Says she would like an amendment.

080

Chair Minnis

Closes the public hearing on HB 2658A and opens a public hearing on HB 2581A.

HB 2581A PUBLIC HEARING

089

Rep. Robert Ackerman

House District 13.  Submits testimony and testifies in support of HB 2581A that allows governing body to commence proceeding in circuit court to determine regularity and legality of certain actions of governing body (EXHIBIT C).

167

Jim Torrey

Mayor, City of Eugene.  Submits testimony and testifies in support of HB 2581A (EXHIBIT D).

221

Sen. Walker

Expresses concern about quick legal action versus pre-determined action.

238

Torrey

Explains that what is wanted is to allow the city to give notice, allow challenge and then proceed accordingly.

259

Rep. Pat Farr

House District 14. Testifies in support of HB 2581A.  Says the bill is not an attempt to allow local jurisdictions to circumvent the law.

292

Sen. Walker

Believes that if a pre-determined ruling is received from the court that it would preclude anyone from challenging a project from going forward.

300

Rep. Ackerman

Explains that this litigation tool has a very limited purpose.

360

Sen. Walker

Asks if municipalities have legal counsel to advise them, why pre-determined rulings are needed.

372

Rep. Ackerman

Explains the use of the pre-determined ruling.

360

Sen. Walker

Wonders how special interest groups would know to make an appearance.

399

Rep. Ackerman

Says that if nobody appears at a proceeding, the court would be without jurisdiction to make a decision.

416

Sen. Walker

Asks about proper notice to citizens of city planning activities.

428

Rep. Ackerman

Says that public interest groups keep a close watch on these issues.

466

Chair Minnis

Talks about the broadness of the bill on page 1, line 25, and asks in what context this procedure might be used.

TAPE 136, B

037

Rep. Ackerman

Explains that it would be very difficult to write every contingency into the bill.

048

Rep. Farr

Provides further clarification.

057

Sen. Ferrioli

Explains that he likes the concept and thinks it would be very useful, but asks about the fiscal impact on the court system.

072

Rep. Ackerman

Says he believes it will not have a fiscal burden on the courts.

083

Sen. Ferrioli

Asks about additional causes of harm and injury after a project is complete.

091

Torrey

Says that it is the intent of this legislation to allow additional cause cases.

115

Chair Minnis

Asks if there are any challenges to the constitutionality of the existing statute.

119

Rep. Ackerman

Answers that he is not aware of any.

128

Sen. Walker

Says there is a letter being distributed from Linda Lynch, Lane Transit District in support of this bill (EXHIBIT E).

131

Chair Minnis

Closes the public hearing on HB 2581A and opens a public hearing on HB 2592A.

HB 2592A PUBLIC HEARING

140

Jad Lemhouse

Linn County Justice of the Peace.  Testifies in support of HB 2592A that authorizes assignment of judgments from justice court to Department of Revenue for collection from refunds or other sums owed to debtor by department.

190

Chair Minnis

Says there will be more testimony tomorrow and closes the public hearing on HB 2592A and opens a public hearing on HB 2066A.

HB 2066A PUBLIC HEARING

205

Bradd Swank

State Court Administrator’s Office.  Submits testimony and testifies in support of HB 2066A that makes miscellaneous changes to laws governing courts (EXHIBIT F) and the –A18 amendments (EXHIBIT G).

323

Chair Minnis

Closes the public hearing on HB 2066A and opens a public hearing on HB 2986A.

HB 2986A PUBLIC HEARING

336

Nan Heim

Oregon Academy of Ophthalmology.  Testifies in support of HB 2986A that provides immunity from civil liability for physician or health care provider who does not report to Department of Transportation person’s impairments affecting ability to safely operate a motor vehicle.

391

Wayne Schumacher

Oregon Optometric Physicians Association.  Testifies in support of HB 2986A.

424

Sen. Ringo

Asks about the report not being allowed in a civil action.

435

Heim

Says in an elderly person, vision can change overnight.

TAPE 137, B

002

Sen. Walker

Says the burden has been put on physicians to remove elderly person’s driver licenses.

019

Schumacher

Says that ophthalmologists have been counseling older people for years with regard to driving.

040

Tim Martinez

Oregon Medical Association.  Testifies in support of HB 2986A.  Asks that an emergency clause be put on the bill.

060

Kelly Taylor

Department of Transportation.  Testifies in support of HB 2986A.

108

Sen. Ringo

Asks about the inadmissibility of a report.

110

Taylor

Says the report is about a person’s condition and can be used in an administrative hearing, but not used against a doctor in an action.

117

Martinez

Clarifies that Department of Motor Vehicles ultimately decides who drives and who does not.

124

Sen. Ringo

Comments that he believes that ultimately these reports could be used against doctors in some contexts, as well as unsafe drivers.

131

Taylor

Says that the driving record itself and the suspension notice would be proof that a driver had been told not to drive anymore.

139

Chair Minnis

Closes the public hearing on HB 2986A and opens a work session.

HB 2986A WORK SESSION

141

Vice Chair Burdick

MOTION:  Moves to SUSPEND the rules for the purpose of adopting a conceptual amendment to HB 2986A.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

148

Chair Minnis

Hearing no objection, declares the motion CARRIED.

150

Vice Chair Burdick

MOTION:  Moves to AMEND HB 2986A by adding “an emergency clause".

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

158

Chair Minnis

Hearing no objection, declares the motion CARRIED.

159

Vice Chair Burdick

MOTION:  Moves HB 2986A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

163

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 2986A and opens a public hearing on HB 3344A.

HB 3344A PUBLIC HEARING

181

Jack Munro

Oregon Title Association.  Testifies in support of HB 3344A that changes number of years that intangible personal property must be held in fiduciary capacity before being presumed abandoned from five to two.

221

Sen. Ferrioli

Asks when there is written evidence of a dispute, if the dollars in that dispute would be considered abandoned.

230

Munro

Says, no.

236

Sen. Ringo

Gives an example of a personal experience, and asks what problem is being solved by this legislation.

270

Munro

Explains that the objective is simply to move some money into the Common School Fund at an earlier point in time.

296

Jeanette Holman

Division of State Lands.  Further clarifies that there is a due diligence process in place to notify a property owner.

315

Sen. Ringo

Illustrates instances where the system doesn’t work.

326

Sen. Walker

Says that one of the objections to another bill she carried in the Senate was the shortening of the timeline for searching for heirs.

347

Munro

Believes there is a provision in the statute ORS 98.308 which governs the disposition of unclaimed property by banks.

361

Sen. Ringo

Asks about what kind of property is involved in this statute.

362

Munro

Discusses the different provisions for different kinds of businesses.

383

Sen. Ringo

Asks about property in a safe deposit box.

391

Munro

Says this particular provision does not deal with tangible items.

377

Sen. Ringo

Indicates additional clarification is needed.

401

Vice Chair Burdick

Says the committee needs additional information about what this legislation applies to and what is does not.

450

Chair Minnis

Closes the public hearing on HB 3344A and adjourns the meeting at 10:00 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 613, -4 amendments submitted by staff, 1 p

B – HB 2658A, written testimony submitted by Stephanie Harper, 6 pp

C – HB 2581A, written testimony submitted by Rep. Robert Ackerman, 3 pp

D – HB 2581A, written testimony submitted by Jim Torrey, 2 pp

E – HB 2581A, written testimony of Linda Lynch submitted by Sen. Vicki Walker, 1 p

F – HB 2066A, written testimony submitted by Bradd Swank, 2 pp

G – HB 2066A, -A18 amendments submitted by staff, 1 p