SENATE COMMITTEE ON JUDICIARY

 

 

May 28, 2003                                                                                                       Hearing Room 343

8:00 AM                                                                                                                  Tapes 142 – 143

 

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

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           SJR 2  Work Session

                                                HB 2118A  Public Hearing and Work Session

                                                HB 2278B  Public Hearing

                                                HB 3351  Public Hearing and Work Session

                                                HB 2647A  Public Hearing and Work Session

                                                SB 297  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 142, A

003

Chair Minnis

Calls the meeting to order at 8:30 a.m. and opens a work session on SJR 2.

SJR 2 WORK SESSION

010

Vice Chair Burdick

MOTION:  Moves SJR 2 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Revenue.

015

Committee

Discusses the reason for the referral to Revenue Committee.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Walker

020

Chair Minnis

Hearing no objection, declares the motion CARRIED.

022

Chair Minnis

Closes the work session on SJR 2 and opens a public hearing on HB 2118A.

HB 2118A PUBLIC HEARING

025

Pete Shepherd

Deputy Attorney General.  Testifies in support of HB 2118A that expands circumstances under which order authorizing use of pen register or trap and trace device may be entered.

070

Vice Chair Burdick

Clarifies which offenses are considered racketeering.

073

Shepherd

Summarizes the list of offenses.

085

Chair Minnis

Closes the public hearing on HB 2118A and opens a work session.

HB 2118A WORK SESSION

090

 Vice Chair Burdick

MOTION:  Moves HB 2118A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Walker

095

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

112

Chair Minnis

Closes the work session on HB 2118A and opens a public hearing on HB 2278B.

HB 2278B PUBLIC HEARING

116

Wendy Johnson

Oregon Law Commission.  Submits report Public Body: Special District Provisions (EXHIBIT A); and testifies in support of HB 2278B that provides consistent terminology for public bodies in laws relating to districts.

131

Dave Heynderickx

Legislative Counsel.  Testifies in support of HB 2278B.

167

Chair Minnis

Closes the public hearing on HB 2278B and opens a public hearing on HB 3351.

HB 3351 PUBLIC HEARING

170

John Powell

Oregon State Sheriffs Association.  Testifies in support of HB 3351 that allows notary public to rely on identification of confined person by correctional facility as satisfactory evidence upon which to identify person and introduces the -2 amendments (EXHIBIT B).

180

Chair Minnis

Asks how often the problem comes up.

185

Powell

Comments on the frequency of the problem.

192

Chair Minnis

Closes the public hearing on HB 3351, and opens a work session on HB 3351.

HB 3351 WORK SESSION

195

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 3351-2 amendments dated 05/05/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Walker

200

Chair Minnis

Hearing no objection, declares the motion CARRIED.

 

205

Vice Chair Burdick

MOTION:  Moves HB 3351 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0

EXCUSED:  1 - Walker

210

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

215

Chair Minnis

Closes the work session on HB 3351, and opens a public hearing on HB 2647A.

HB 2647A PUBLIC HEARING

245

Scott Taylor

Oregon Department of Corrections.  Submits testimony and testifies in support of HB 2647A that establishes intensive alternative incarceration addiction program (EXHIBIT C).

284

Vice Chair Burdick

Asks whether the Summit Program is an addition program.

291

Taylor

Indicates the Summit Program is not.

294

Vice Chair Burdick

Asks about the success of such programs around the country.

301

Taylor

Says there is not another program like this in the nation.

310

Chair Minnis

Closes the public hearing on HB 2647A and opens a work session on HB 2647A.

HB 2647A WORK SESSION

315

Chair Minnis

Points out the fiscal impact of the bill, and mentions the need to rescind the referral to Ways and Means.

320

Vice Chair Burdick

MOTION:  Moves HB 2647A to the floor with a DO PASS recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Ringo, Walker

325

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

330

Chair Minnis

Closes the work session on HB 2647A and opens a work session on SB 297.

SB 297 WORK SESSION

339

Dave Fiskum

Port of Portland.  Testifies in support of the -3 amendments (EXHIBIT D) to SB 297 relating to contracts.

427

Bill Wyatt

Executive Director, Port of Portland.  Testifies in support of SB 297 as amended.

TAPE 143, A

001

Wyatt

Continues with testimony in support of SB 297 as amended.

141

Tom Zelenka

The Schnitzer Group.  Submits testimony and testifies in support of SB 297 as amended with the -3 amendments (EXHIBIT E).

238

Sen. Ringo

Asks if complaints have been filed with the State Insurance Commission.

250

Zelenka

Says they have not been able to get any satisfaction from the Insurance Commission. Continues testimony.

279

Vice Chair Burdick

Asks how the pollution issue is being handled.

288

Zelenka

Says they have documented those years when policies were excluding pollution issues.  Says that prorates are used.

345

Wyatt

Talks about liability issues.

391

Mark Nelson

Oregon Metal Council.  Testifies in support of SB 297.

TAPE 142, B

033

Sen. Ringo

Notes Page 3, section 3; wonders if the state is projecting law into a practical agreement between the insurer and insured.

046

Nelson

Comments on Sen. Ringo’s concern.

050

Chris Hermann

Stoel Rives, Portland, Oregon.  Comments on Sen. Ringo’s concerns.

063

Vice Chair Burdick

Asks about the different responses from Washington and Oregon concerning this issue.

080

Hermann

Responds, outlining the differences between Washington and Oregon regarding this issue.

094

Jack Munro

American Insurance Association (AIA).  Testifies in opposition to SB 297. 

120

Chair Minnis

Clarifies that Mr. Munro is implying the legislature should stay out of the matter.

152

Bill Taylor

Committee Counsel.  Questions Mr. Munro’s concerns.

169

Munro

Continues testimony in opposition suggesting there are some fairness and interpretation issues.

203

Vice Chair Burdick

Asks whether this issue would not come forward when the insurance companies produced the policies.

212

Munro

Further clarifies his concerns.

223

Chair Minnis

Contends that the final decision is going to be decided in court.

240

Munro

Gives an example of how this legislation would work.

265

Sen. Ringo

Asks if their objection is to the lost policy issue.

273

Munro

Further explains the AIA’s concerns and objections in regards to the lost policy issue.

297

Sen. Ringo

Clarifies that the AIA does object to the lost policy section. Further clarifies the AIA’s concerns.

305

Joel Ario

Oregon Insurance Division. Offers testimony regarding SB 297, and Mr. Munro’s concerns. Offers a hypothetical example.

322

Chair Minnis

Asks about limits in a policy written in 1956.

329

Ario

Further outlines the hypothetical situation.

338

Chair Minnis

Asks if there is an inflation clause.

341

Ario

Indicates there is no such limit.

350

Sen. Ringo

Asks about the “all sums” clause in context to the hypothetical example offered by Mr. Ario.

375

Ario

Illustrates the “all sums” issue in context to the hypothetical.

395

Vice Chair Burdick

Expresses doubt that this issue of concern would not be addressed by SB 297.

400

Ario

Comments on the relationship.

405

Vice Chair Burdick

Further questions the relationship.

416

Ario

Provides his interpretation of the relationship.

423

Chair Minnis

Closes the work session on SB 297.  Indicates his wish to hear the bill again on Monday, and adjourns the meeting at 10:05 a.m.

 

EXHIBIT SUMMARY

 

A – HB 2278B, Public Body: Special District Provisions REPORT, Wendy Johnson, 8 pp.

B – HB 3351, -2 amendments, John Powell, 1 p.

C – HB 2647A, written testimony, Scott Taylor, 2 pp.

D – SB 297, -3 amendments, Dave Fiskum, 6 pp.

E – SB 297-3, written testimony, Tom Zelenka, 4 pp.