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