SENATE COMMITTEE ON JUDICIARY

 

 

June 04, 2003                                                                                                      Hearing Room 343

8:00 a.m.                                                                                                                     Tapes 150-151

 

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:                 Craig Prins, Counsel

                                                Bill Joseph, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           HB 2900A Public Hearing

                                                HB 2901A Public Hearing

                                                HB 3385A Public Hearing

                                                HB 2080A Public Hearing

                                                HB 3330A 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 150, A

007

Chair Minnis

Calls the meeting to order at 8:15 a.m. and opens public hearings on HB 2900A and HB 2901A.

HB 2900A & HB 2901A PUBLIC HEARING

014

Rep. Jeff  Barker

House District 28.  Testifies in support of HB 2900A and 2901A.

035

Craig Prins

Committee Counsel.  Introduces HB 2900A that creates traffic offense of refusing to take breath test, and HB 2901A that requires person to sign certain acknowledgement and agreement as part of application for drivers license or permit.

072

Dawn Phillips

Chief of Staff for Rep. Randy Miller.  Introduces Bruce and Anne Pratt.

089

Bruce Pratt

Crime Victims United.  Submits testimony and testifies in support of HB 2900A (EXHIBIT A) and HB 2901A (EXHIBIT B).

140

Anne Pratt

Mothers Against Drunk Driving.  Testifies in support of HB 2900A and HB 2901A.  Submits testimony of Buffalo Zobel (EXHIBIT C).

244

Vice Chair Burdick

Asks what state has a $50,000 fine.

246

Anne Pratt

Replies, Alaska.

256

Janet Lovelace

Eugene, OR.  Submits testimony and testifies in support of HB 2900A (EXHIBIT D) and 2901A (EXHIBIT E).

306

David Schwartz

Deputy District Attorney, Lane County. Testifies in support of HB 2900A and 2901A.

418

Chair Minnis

Asks what value there is to a prosecution in HB 2901A.

423

Doug Harcleroad

District Attorney, Lane County.  Says that it could be used to prove a person knew of the risk involved.

449

Vice Chair Burdick

Asks about failure to get the form signed.

453

Harcleroad

Says it certainly would not be a controlling fact in a case.  Reminds the committee that the Oregon District Attorneys Association supports this legislation.

TAPE 151, A

025

Matt Meador

Assistant to Rep. Donna Nelson.  Submits testimony and testifies in support of HB 2900A and HB 2901A (EXHIBIT F).

063

Capt. Chuck Hayes

Oregon State Police.  Testifies in support of HB 2900A and 2901A.

115

Sen. Walker

Asks from where the $700,000 yearly income would be generated.

121

Hayes

Explains that this is an estimate derived from the fines generated in the past two years.

144

Sen. Walker

Asks who is going to impose the fine.

148

Hayes

Explains that it would at the discretion of the court.

163

Chair Minnis

Wonders about persons who cannot pay.

165

Craig Prins

Discusses what might be taken into account in court.

189

Vice Chair Burdick

Asks if the Oregon State Police are in favor of this legislation.

197

Hayes

Says, yes.

202

Vice Chair Burdick

Asks if there would be any extra administrative costs involved.

208

Hayes

Says he is not aware of any additional administrative costs.

221

Kelly Taylor

Department of Transportation.  Testifies that HB 2901A is going to cost about $80,000 in administrative costs.

242

Prins

Reads the fiscal statement.

274

Chair Minnis

Closes the public hearing on HB 2900A and 2901A and opens a public hearing on HB 3385A.

HB 3385A PUBLIC HEARING

299

David Bennett

Oregon State Bar.  Testifies in support of HB 3385A.  Discusses the amendments to the bill as provided by Barbara Kanz (EXHIBIT G).

388

Rich Vial

Condominium Working Group, Oregon State Bar.  Testifies in support of HB 3385A.

417

Chair Minnis

Closes the public hearing on HB 3385A and calls for a short recess at 9:08 a.m.

422

Chair Minnis

Reconvenes the meeting at 9:20 a.m. and opens a public hearing on HB 2080A.

HB 2080A PUBLIC HEARING

TAPE 150, B

010

Bill Joseph

Committee Counsel.  Introduces HB 2080A that provides that statute of limitations for product liability civil actions commences to run when plaintiff first discovered, or in exercise of reasonable care should have discovered, injury or damage and causal relationship between injury or damage and product.

027

Richard Lane

Oregon Trial Lawyers Association.  Testifies in support of HB 2080A.  Explains the purpose of this legislation and gives examples of when it would be needed.

138

Vice Chair Burdick

Asks about cases where someone discovers an injury two months ago and is about to file suit.

142

Lane

Replies that all parties agree that some individuals will be left out.

150

Vice Chair Burdick

Asks if such a person had already filed suit, could they be covered under the proposed legislation.

154

Lane

Explains that if it was more than two years ago, it would probably not be covered.

207

Joseph

Asks if people currently in litigation would be affected by this new legislation. Believes that as it is written, section 2 would have to be removed.

242

Lane

Clarifies his understanding of the timing question.

266

Joseph

Asks that copies of the proposed amendments be passed out to the committee (EXHIBIT H).

279

Jim Gardner

Gardner & Gardner Law Firm.  Testifies in support of HB 2080A as it is currently written.

391

Sen. Ringo

Asks how pending claims would be addressed.

402

Gardner

Says he would prefer the bill to be purely prospective.

440

Vice Chair Burdick

Asks for clarification of the term “adjudicated out.”

447

Gardner

Explains his understanding of the term.

456

Lane

Provides further understanding.

471

Vice Chair Burdick

Asks if someone could go into court and ask for a summary judgment so that they could be covered under this new bill.

476

Lane

Says he does not know how many cases would be affected, but it might be available to a case.

TAPE 151, B

023

Chair Minnis

Closes the public hearing on HB 2080A and opens a public hearing on HB 3330A.

HB 3330A PUBLIC HEARING

033

Peter Shepherd

Deputy Attorney General. Testifies in support of HB 3330A that authorizes Governor to proclaim that natural disaster or act of war, terrorism or sabotage has caused death of unknown persons on specific date at specific place.

066

Chair Minnis

Asks what happens if a supposed dead person reappears.

071

Shepherd

Explains that the bill does not address that particular scenario.  Believes that the terms of an insurance contract would govern the remedies. Addresses the –A4 amendments (EXHIBIT I).

103

Chair Minnis

Closes the public hearing on HB 3330A and adjourns the meeting at 9:55 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2900A, written testimony submitted by Bruce Pratt, 4 pp

B – HB 2901A, written testimony submitted by Ann Pratt, 6 pp

C – HB 2900A, written testimony of Buffalo Zobel submitted by Ann Pratt, 2 p

D – HB 2900A, written testimony submitted by Janet Lovelace, 1 p

E – HB 2901A, written testimony submitted by Janet Lovelace, 1 p

F – HB 2900A & HB 2901A, written testimony submitted by Rep. Donna Nelson, 1 p

G – HB 3385A, hand engrossed with -A6 amendments submitted by Barbara Kanz, 10 pp

H – HB 2080A, proposed amendments submitted by Richard Lane, 1 p

I – HB 3330A, -A4 amendments submitted by staff, 1 p