SENATE COMMITTEE ON JUDICIARY

 

 

May 29, 2003                                                                                                       Hearing Room 343

8:00 A.M.                                                                                                                   Tapes 144-145

 

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 Joseph, Counsel

                                                Craig Prins, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           SB 578 Public Hearing and Work Session

                                                HB 2694A Public Hearing and Work Session

                                                HB 3370 Public Hearing and Work Session

                                                HB 3371 Public Hearing and Work Session

                                                HB 3372A 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 144, A

003

Chair Minnis

Calls the meeting to order at 8:10 a.m. and opens a public hearing on SB 578 that creates provisions relating to parental abductions.

SB 578 PUBLIC HEARING

009

Sen. Avel Gordly

Senate District 23.  Submits written material of Mickey Serice and testifies in support of SB 578 (EXHIBIT A).  Introduces Sean Cruz, her legislative aide.  Advises that the Department of Human Services, while supportive of the policy, cannot support the bill because of the small fiscal impact that is not included in the Governor’s recommended budget.

039

Chair Minnis

Expresses his dissatisfaction with the policy, and asserts that agencies and the Governor’s office need to work with the legislature.

053

Sen. Gordly

Continues testimony.  Discusses the contents of the written material submitted to the committee.

115

Sean Cruz

Submits testimony and testifies in support of SB 578 (EXHIBIT B).  Discusses his personal experience of having his four children abducted by his former wife.  Introduces the -1 amendments (EXHIBIT C).

415

Sen. Gordly

Expresses her thanks to the committee for hearing the testimony.

439

Chair Minnis

Closes the public hearing on SB 578 and opens a work session.

SB 578 WORK SESSION

440

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 578-1 amendments dated 4/14/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ringo

444

Chair Minnis

Hearing no objection, declares the motion CARRIED.

447

Vice Chair Burdick

MOTION:  Moves SB 578 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ringo

469

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. GORDLY will lead discussion on the floor.

474

Chair Minnis

Closes the work session on SB 578 and opens a public hearing on HB 2694A.

HB 2694A PUBLIC HEARING

TAPE 145, A

015

Bill Joseph

Committee Counsel.  Introduces HB 2694A that prescribes supplier’s obligations toward retailer of farm implements, and the –A4 amendments (EXHIBIT D).

029

Shawn Miller

Caterpillar Corporation.  Testifies in support of HB 2694A.

053

Ron Moore

Pacific Northwest Hardware and Implement Association.  Testifies in support of HB 2694A.

090

Joseph

Explains that this is legislation that is being passed in the western states.

113

Miller

Emphasizes that it has been passed in Washington and several other states.

141

Verl Scneibe

Ernst Hardware.  Testifies in support of HB 2694A.

175

Chair Minnis

Closes the public hearing on HB 2694A and opens a work session.

HB 2694A WORK SESSION

177

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 2694A-A4 amendments dated 5/8/03.

 

 

VOTE:  6-0

180

Chair Minnis

Hearing no objection, declares the motion CARRIED.

182

Vice Chair Burdick

MOTION:  Moves HB 2694A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

186

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. C. STARR will lead discussion on the floor.

189

Chair Minnis

Closes the work session on HB 2694A and opens a public hearing on HB 3370.


 

HB 3370 PUBLIC HEARING

191

Bill Joseph

Committee Counsel.  Introduces HB 3370 that consolidates laws governing eminent domain.

213

Wendy Johnson

Oregon Law Commission.  Submits testimony and testifies in support of HB 3370 (EXHIBIT E).

243

Greg Mowe

Stoel Rives Law Firm.  Testifies in support of HB 3370.

261

Chair Minnis

Asks for explanation of eminent domain.

264

Mowe

Explains what eminent domain is and how it works.

325

Sen. Ringo

Asks for clarification of the provision for attorneys fees.

337

Mowe

Says that generally attorneys’ fees are awarded, but not automatically.

370

Sen. Ringo

Wonders if it is accurate to assume that aggressive appraisals are easy to obtain.

380

Mowe

Says accuracy and certification make that practice less common.

408

Sen. Ringo

Expresses his desire that this legislation might lead to resolution.

416

Mowe

Believes that there is a good mechanism in place.

438

Chair Minnis

Wonders how many condemnations there are in Oregon each year.

439

Mowe

Explains that he does not know, but that most are through Oregon Department of Transportation (ODOT).

446

Chair Minnis

Discusses the power of condemnation.

TAPE 144, B

024

Mowe

Responds that this statute evens the playing field with the ability of an owner to recover fees.

047

Chair Minnis

Asks how often local governments use condemnation.

048

Mowe

Explains local governments generally use condemnation in very specific projects, such as street widening, public facilities for sewers, water, etc.

073

Bill Joseph

Draws attention to the work group list that provided this legislation.

086

Chair Minnis

Closes the public hearing on HB 3370 and opens a work session.

HB 3370 WORK SESSION

088

Vice Chair Burdick

MOTION:  Moves HB 3370 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

097

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

102

Chair Minnis

Closes the work session on HB 3370. Recesses the meeting at 9:10 a.m.

108

Chair Minnis

Reconvenes the meeting at 9:35 a.m. and opens a public hearing on HB 3371.

HB 3371 PUBLIC HEARING

114

Bill Joseph

Committee Counsel.  Introduces HB 3371 that requires that condemner make offer for property at least 40 days before commencing condemnation action instead of 20 days.

131

Wendy Johnson

Oregon Law Commission.  Submits testimony and testifies in support of HB 3371 (EXHIBIT F).

134

Greg Mowe

Stoel Rives Law Firm.  Testifies in support of HB 3371.

203

Chair Minnis

Closes the public hearing on HB 3371 and opens a work session.

HB 3371 WORK SESSION

206

Vice Chair Burdick

MOTION:  Moves HB 3371 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ferrioli, Sen. Ringo

209

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

216

Chair Minnis

Closes the work session on HB 3371 and opens a public hearing on HB 3372A.

HB 3372A PUBLIC HEARING

219

Bill Joseph

Committee Counsel.  Introduces HB 3372A that provides standard procedure for entry upon and examination, survey, testing and sampling of real property before commencement of condemnation action.

255

Wendy Johnson

Oregon Law Commission.  Submits testimony and testifies in support of HB 3372A (EXHIBIT G) and the –A3 and –A6 amendments (EXHIBITS H and I).

278

Greg Mowe

Stoel Rives Law Firm.  Testifies in support of HB 3372A.  Says the courts have the power to provide reasonable damages.  Explains the reason for the –A6 amendments.

425

Chair Minnis

Asks which Board of Directors is referred to in Section 7 of the bill.

436

Mowe

Says he cannot answer which Board is being referred to, but describes the process.

469

Chair Minnis

Asks why counties are not mentioned in this bill.

472

Mowe

Explains that not all government agencies have pre-condemnation inspection authority.

TAPE 145, B

027

Joseph

Explains the Board of Directors as described in ORS 545.002, subsection 1.

044

Chair Minnis

Closes the public hearing on HB 3372A and opens a work session.

HB 3372A WORK SESSION

046

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 3372-A3 amendments dated 5/13/03 and A6 amendments dated 5/29/03.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ringo, Sen. Ferrioli

053

Chair Minnis

Hearing no objection, declares the motion CARRIED.

055

Vice Chair Burdick

MOTION:  Moves HB 3372A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ferrioli, Sen. Ringo

 

060

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

062

Chair Minnis

Closes the work session on HB 3372A and adjourns the meeting at 10:00 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 578, written testimony of Mickey Serice submitted by Sen. Avel Gordly, 15 pp

B – SB 578, written testimony submitted by Sean Cruz, 6 pp

C – SB 578, -1 amendments submitted by staff, 3 pp

D – HB 2694A, -A4 amendments submitted by staff, 1 p

E – HB 3370, written testimony submitted by Wendy Johnson, 2 pp

F – HB 3371, written testimony submitted by Wendy Johnson, 3 pp

G – HB 3372A, written testimony submitted by Wendy Johnson, 5 pp

H – HB 3372A, -A3 amendments submitted by staff, 1 p

I – HB 3372A, -A6 amendments submitted by staff, 1 p