SENATE COMMITTEE ON JUDICIARY

 

 

May 22, 2003                                                                                                       Hearing Room 343

8:00 AM                                                                                                                  Tapes 138 – 139

 

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:                 Bill Taylor, Counsel

Bill Joseph, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           HB 2592A  Public Hearing and Work Session

                                                HB 3015A  Public Hearing and Work Session

                                                HB 3107A  Work Session

                                                HB 3361  Public Hearing and Work Session

                                                HB 3520A  Public Hearing

                                                HB 3389A  Public Hearing

                                                HB 3317  Public Hearing and Work Session

                                                HB 3366  Public Hearing and Work Session

                                                HB 3544A  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 138, A

003

Chair Minnis

Calls the meeting to order at 8:30 a.m. and opens a public hearing on HB 2592A.

HB 2592A PUBLIC HEARING

010

Carl Myers

Oregon Justice of the Peace Association.  Testifies in support of HB 2592A.

015

Chair Minnis

Closes the public hearing on HB 2592A, and opens a work session on HB 2592A.

HB 2592A WORK SESSION

020

Vice Chair Burdick

MOTION:  Moves HB 2592A to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Walker, Ferrioli

025

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

HB 3015A PUBLIC HEARING

030

Rep. Betsy Johnson

House District 31.  Testifies in support of HB 3015A that requires State Court Administrator to establish procedures applicable to every court in state to protect confidentiality of Social Security numbers required in certain domestic relations proceedings.

042

Bradd Swank

State Court Administrator’s Office. Testifies in support of HB 3015A.

051

Bill Joseph

Committee Counsel.  Discusses the compromise made with the bill on the House side.

059

Swank

Further clarifies the amendments on the House side.

060

Chair Minnis

Closes the public hearing on HB 3015A and opens a work session.

HB 3015A WORK SESSION

065

Vice Chair Burdick

MOTION:  Moves HB 3015A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Walker

067

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. STARR will lead discussion on the floor.

070

Chair Minnis

Closes the work session on HB 3015A, and opens a work session on HB 3107A.

HB 3107AWORK SESSION

075

Vice Chair Burdick

MOTION:  Moves HB 3107A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Walker

080

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

085

Chair Minnis

Closes the work session on HB 3107A, and opens a work session on HB 3361.

HB 3361 PUBLIC HEARING

092

Paul Frisch

Oregon Medical Association.  Submits written testimony and testifies in support of HB 3361 (EXHIBIT A).

102

Bruce Bishop

Oregon Association of Hospitals and Health Systems.  Submits written testimony and testifies in support of HB 3361 (EXHIBIT B).

111

Sen. Ringo

Clarifies when a physician’s apology is an admission of guilt.

120

Frisch

Explains the context for when an apology could be considered an admission of guilt.

134

Vice Chair Burdick

Clarifies that this bill would not protect doctor’s from being brought to court for malpractice, but just limit the use of the doctor’s apology in court.

140

Frisch

Says that is correct.

142

Sen. Ringo

Further clarifies the use of an apology in court.

145

Bill Joseph

Committee Counsel.  Clarifies how the use of the statement “I’m sorry” could be used or not used in a trial.

150

Chair Minnis

Closes the public hearing on HB 3361 and opens a work session.

HB 3361 WORK SESSION

155

Vice Chair Burdick

MOTION:  Moves HB 3361 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

157

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

160

Chair Minnis

Closes the work session on HB 3361, and opens a public hearing on HB 3520A.

HB 3520A PUBLIC HEARING

167

Bill Joseph

Committee Counsel.  Introduces HB 3520A that allows court to offer educational or remedial program to person who violates safety belt law.

180

Bradd Swank

State Court Administrator’s Office.  Testifies regarding HB 3520A.

217

Chair Minnis

Clarifies the issues of concern.

223

Swank

Replies.  Says he is concerned about the potential expense.

239

Chair Minnis

Asks about programs of  this kind around the state.

257

Sen. Walker

Questions the validity of the measure.

275

Vice Chair Burdick

Concurs with Sen. Walker’s view of the bill.

279

Chair Minnis

Says he is an advocate of traffic school, but is not sure this takes care of the issue of concern. Closes the public hearing on HB 3520A and opens a public hearing on HB 3389A.

HB 3389A PUBLIC HEARING

285

Bill Taylor

Committee Counsel.  Introduces HB 3389A that provides additional means of establishing identity of controlled substance in prosecutions involving controlled substances.

334

Michael Dugan

District Attorney, Deschutes County.  Submits written testimony and testifies in support of HB 3389A (EXHIBIT C).

TAPE 139, A

001

Chair Minnis

Clarifies the process for use of the crime lab.

005

Dugan

Further outlines the process in question.

035

Dr. Emma Dutton

Oregon State Police, Forensic Services.  Submits testimony and testifies in support of HB 3389A (EXHIBIT D).  Says that the kit used is not 100% accurate, but is a presumptive test.

058

Chair Minnis

Asks if there is a charge for the service.

063

Dr. Dutton

Indicates there is no charge for the service.

068

Vice Chair Burdick

Asks which kinds of drugs would indicate a false positive.

079

Dr. Dutton

Says there are prescribed medications which may do this, but she does not know of any over-the-counter drugs which would create a false positive.

097

Vice Chair Burdick

Asks if there are more false positives or false negatives.

100

Dr. Dutton

Says there currently is no data regarding this.

105

Sen. Walker

Asks what would happen if a police officer were color blind, therefore unable to properly read the test.

107

Dr. Dutton

Indicates this would have to be handled during the training of the officer.

110

Sen. Walker

Asks when a reading must be taken.

119

Dr. Dutton

Says it should be read within 30 minutes.

125

Sen. Walker

Asks if this test would be admissible in court.

130

Dugan

Explains that each county is different in the way they handle admissible evidence.

155

Sen. Ringo

Asks about the safeguard for a false positive.

162

Dugan

Explains those safeguards.

190

Sen. Ringo

Asks if over-the-counter drugs can be confirmed in the laboratory.

200

Dr. Dutton

Says that only controlled drugs can be confirmed.

211

Susan Russell

Oregon Criminal Defense Lawyers Association.  Testifies in opposition to HB 3389A.  Says the bill is not necessary and the test in question is unreliable.

250

Chair Minnis

Asks what documentation Ms. Russell has which indicates the unreliability of these tests.

260

Russell

Defers to the testimony submitted by Dr. Dutton, indicating this sufficiently questions the validity of those tests.

265

Chair Minnis

Further questions Ms. Russell’s assertion that the tests are unreliable.

311

Russell

Comments on the admissibility of the tests in question.

318

Chair Minnis

Clarifies Ms. Russell’s concerns.

330

Russell

Further comments on her concerns with the tests.

362

Chair Minnis

Suggest that further work be done on the bill.

371

Sen. Ringo

Asks about the reliability of the test.

380

Russell

Says there are variables in the reliability.

411

Sen. Ringo

Questions the variables.

420

Russell

Says the problem is that the legislature would declare those tests as prima fascia evidence.

430

Sen. Ringo

Further questions Ms. Russell’s concern regarding the use of prima fascia evidence.

453

Chair Minnis

Comments on the use of prima fascia evidence.

TAPE 138, B

035

Taylor

Asks about it being admissible in a grand jury.

040

Russell

Says there is no problem with that, but points out such evidence is already used before grand juries.

052

Chair Minnis

Comments on his personal experience regarding prosecutors and grand juries.

054

Russell

Further comments.

061

Dugan

Asks what direction the chair would like to see this legislation go.

081

Chair Minnis

Comments on the agreement which needs to be reached. Closes the public hearing on HB 3389A and opens a public hearing on HB 3317 and HB 3366.

HB 3366 & HB 3317 – PUBLIC HEARING

091

Tim Martinez

Oregon Bankers Association. Testifies in support of HB 3317 that expands crime of unlawful factoring of credit card transaction.

119

Vice Chair Burdick

Asks about the devices which are used to read a card.

130

Martinez

Comments on those devices.

138

Martinez

Offers testimony regarding HB 3366 that provides that defenses and exceptions created by provisions of Oregon Revised Statutes or recognized by courts of state do not apply to requirement that certain financial transactions be in writing.

160

Dick Rasmussen

Legal Counsel, West Coast Bank.  Submits testimony and testifies in support of HB 3366 (EXHIBIT E).

180

Chair Minnis

Closes the public hearings on HB 3317 and HB 3366. Opens a work session on HB 3317.

HB 3317 WORK SESSION

185

Vice Chair Burdick

MOTION:  Moves HB 3317 to the floor with a DO PASS recommendation.

190

Susan Russell

Oregon Criminal Defense Lawyers Association.  Testifies in opposition to HB 3317.  Believes the penalty should not be changed.

200

Chair Minnis

Comments on Ms. Russell’s concerns.

210

Vice Chair Burdick

Indicates that she agrees with Ms. Russell.

220

Chair Minnis

Further comments on Ms. Russell’s expressed concerns.

 

 

VOTE:  6-0

240

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

245

Chair Minnis

Closes the work session on HB 3317, and opens a work session on HB 3366.

HB 3366 WORK SESSION

250

Vice Chair Burdick

MOTION:  Moves HB 3366 to the floor with a DO PASS recommendation.

255

Sen. Ringo

Clarifies that a public hearing had been held earlier on the bill.

260

Chair Minnis

Indicates that a public hearing had been held.

 

 

VOTE:  6-0

265

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

270

Chair Minnis

Closes the work session on HB 3366, and reopens a public hearing on HB 3520A.

HB 3520A – PUBLIC HEARING

281

Rep. Gordon Anderson

House District 3.  Testifies in support of HB 3520A with reference to his constituent’s experience regarding the issue.

335

Sen. Walker

Expresses her concerns with the bill.

343

Chair Minnis

Closes the public hearing on HB 3520A and opens a public hearing on HB 3544A.

HB 3544A PUBLIC HEARING

360

Darrell Fuller

Oregon Auto Dealers Association.  Submits written testimony and testifies in support of HB 3544A that modifies limitations on penalty wages for failure to pay wages on termination (EXHIBIT F) and the    -A2 amendments (EXHIBIT G).

420

Don Schellenberg

Oregon Farm Bureau.  Testifies in support of the –A2 amendments.

440

Christine Hammond

Bureau of Labor and Industry (BOLI).  Testifies in support of HB 3544A and the –A2 amendments.

450

Sen. Ringo

Asks about people who are wrongfully deprived payment of salaries.

TAPE 139, B

020

Hammond

Points out that the Bureau is comfortable with the bill as amended.

030

Sen. Ringo

Asks why commissioned salespeople are being singled out by this bill.

035

Hammond

Talks about conditions that need to be met in order for a commissioned salesperson to be paid.

050

Sen. Ringo

Asks how long before a commission is paid.

055

Fuller

Says within 3 to 5 business days unless there are financing issues.

070

Sen. Ringo

Clarifies the concerns with the fired employee exaggerating the money owed them.

075

Fuller

Comments on the concerns in question.

095

Chair Minnis

Closes the public hearing on HB 3544A and adjourns the meeting at 10:05 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 3361, written testimony, Paul Frisch, 3 pp.

B – HB 3361, written testimony, Bruce Bishop, 1 p.

C – HB 3389A, written testimony, Michael Dugan, 3 pp.

D – HB 3389A, written testimony, Dr. Emma Dutton, 2 pp.

E – HB 3366, written testimony, Dick Rasmussen, 1 p.

F – HB 3544A, written testimony, Darrell Fuller, 1 p.

G – HB 3544A, -A2 amendments, Darrell Fuller, 1 p.