SENATE COMMITTEE ON JUDICIARY

June 05, 2003 Hearing Room 343

8:00 a.m. Tapes 152-153

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 Taylor, Counsel

Jane Bodenweiser, Committee Assistant

MEASURE/ISSUES HEARD: HB 3093A Work Session

SB 610 Public Hearing and Work Session

HB 2490A Public Hearing and Work Session

SB 895 Public Hearing and Work Session

HB 3259A Public Hearing and Work Session

HB 2425A Work Session

HB 2095A Work Session

HB 3389A Work Session

HB 2275A Public Hearing and Work Session

HB 2276A Public Hearing and Work Session

HB 2865A 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 152, A
003	Chair Minnis	Calls the meeting to order at 8:20 a.m. and opens a work session on HB 3093A.
HB 3093A WORK SESSION
007	Bill Joseph	Committee Counsel. Introduces HB 3093A that allows individual to ask public body not to disclose individual’s electronic mail address. Says that the –A6 and –A8 amendments have already been adopted (EXHIBITS A & B). Introduces the –A9 amendments (EXHIBIT C).
020	Vice Chair Burdick	Discusses the -A9 amendments and explains that they include a sunset provision.
037	Rep. Mary Nolan	House District 36. Testifies in support of HB 3093A and the –A9 amendments.
050	Sen. Walker	Asks for an explanation of the –A10 amendments (EXHIBIT D).
066	Vice Chair Burdick	Explains the difference between the –A9 and –A10 amendments.
082	Joseph	Provides further information regarding the –A9 and –A10 amendments.
103	Sen. Walker	Expresses her concern and says she will not support the –A9 and –A10 amendments.
117	Vice Chair Burdick	Asks for a discussion from Janet Phillips of Oregon Health Sciences University (OHSU) about exemption of information to the public.
141	Janet Phillips	OHSU legal counsel. Explains what the protocol is for disseminating information.
240	Sen. Walker	Asks for clarification of her letter presented to the committee at the last hearing where she refers to information being “twisted”.
260	Phillips	Explains her comments.
269	Chair Minnis	Relates a personal experience of having his statements to Willamette Week misconstrued.
280	Sen. Ringo	Notes the two-year sunset clause, and asks what will be done to resolve the conflict during this time.
284	Phillips	Provides an explanation of an internal process.
295	Vice Chair Burdick	MOTION: Moves to ADOPT HB 3093A-A9 amendments dated 5/21/03.
		VOTE: 5-1 AYE: 5 - Burdick, Ferrioli, Ringo, Starr C., Minnis NAY: 1 – Walker
297	Chair Minnis	The motion CARRIES.
331	Vice Chair Burdick	MOTION: Moves HB 3093A to the floor with a DO PASS AS AMENDED recommendation.
338	Sen. Walker	Asks what amendments have been adopted.
340	Joseph	Says that the -A6, -A8 and -A9 amendments have been adopted.
341		VOTE: 5-1 AYE: 5 - Burdick, Ferrioli, Ringo, Starr C., Minnis NAY: 1 – Walker
343	Chair Minnis	The motion CARRIES. SEN. BURDICK will lead discussion on the floor.
349	Chair Minnis	Closes the work session on HB 3093A and opens a public hearing on SB 610.
SB 610 PUBLIC HEARING
359	Craig Prins	Committee Counsel. Introduces SB 610 that requires certain employers to allow employees who are crime victims to take leave from employment to attend criminal or juvenile proceedings or other proceedings at which crime victims have right to be present, and the -3 amendments (EXHIBIT E).
448	Chair Minnis	Closes the public hearing on SB 610 and opens a work session.
SB 610 WORK SESSION
450	Vice Chair Burdick	MOTION: Moves to ADOPT SB 610-3 amendments dated 4/29/03.
		VOTE: 6-0
451	Chair Minnis	Hearing no objection, declares the motion CARRIED.
452	Vice Chair Burdick	MOTION: Moves SB 610 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 6-0
456	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. BROWN will lead discussion on the floor.
TAPE 153, A
006	Chair Minnis	Closes the work session on SB 610 and opens a public hearing on HB 2490A.
HB 2490A PUBLIC HEARING
015	Rep. Jeff Kruse	House District 7. Testifies in support of HB 2490A that modifies purpose of planning and advisory committee relating to children whose parents are involved in criminal justice system.
040	Heather Brunelle	Private Citizen. Testifies in support of HB 2490A. Discusses being incarcerated when her child was 4 weeks old, and the difficult adjustment of being released to the responsibility of being a mother to a 4 year old.
053	Sen. Walker	Asks if she was at Coffee Creek.
056	Brunelle	Says, yes.
079	Rep. Kruse	Says this program in the prison system is one of the more positive ones.
088	Janet Carlson	Marion County Commissioner. Submits printed material and testifies in support of HB 2490A (EXHIBIT F).
133	Ron Adams	Director, Oregon Youth Conservation Corp. Testifies in support of HB 2490A.
155	Diana Janowski	Private Citizen. Testifies in support of HB 2490A.
170	Chair Minnis	Closes the public hearing on HB 2490A and opens a work session.
HB 2490A WORK SESSION
176	Vice Chair Burdick	MOTION: Moves HB 2490A to the floor with a DO PASS recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ringo
190	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
193	Chair Minnis	Closes the work session on HB 2490A and opens a public hearing on SB 895.
SB 895 PUBLIC HEARING
184	Craig Prins	Committee counsel. Introduces SB 895 that increases criminal penalties for selling, giving or otherwise providing alcoholic beverages to person under 21 years of age, and the -4 amendments (EXHIBIT G).
238	Sen. Walker	Gives an example and asks if it would apply.
146	Prins	Says, yes.
247	Sen. Walker	Says she doesn’t agree with this concept.
251	Prins	Explains that under current law the penalty is a Class A misdemeanor, and includes a fine of up to $5000 and a possible prison term. This legislation would increase the minimum fine by $650.
289	Vice Chair Burdick	Asks if the mandatory $1000 fine would apply if the act is reduced to a violation.
292	Prins	Replies that his understanding is that it would.
310	Chair Minnis	Believes that the courts still have discretion on the fine and the amount.
317	Prins	Agrees that judges can be flexible when it comes to re-payment plans.
325	Sen. Walker	Expresses concern.
340	Chair Minnis	Closes the public hearing on SB 895 and opens a work session.
SB 895 WORK SESSION
344	Vice Chair Burdick	MOTION: Moves to ADOPT SB 895-4 amendments dated 5/28/03.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ringo
345	Chair Minnis	Hearing no objection, declares the motion CARRIED.
348	Vice Chair Burdick	MOTION: Moves SB 895 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 4-1-1 AYE: 4 - Burdick, Ferrioli, Starr C., Minnis NAY: 1 - Walker EXCUSED: 1 - Ringo
360	Chair Minnis	The motion CARRIES. SEN. FERRIOLI will lead discussion on the floor.
367	Chair Minnis	Closes the work session on SB 895 and opens a public hearing on HB 3259A.
HB 3259A PUBLIC HEARING
375	Rep. Jackie Dingfelder	House District 45. Submits testimony and testifies in support of HB 3259A that provides additional means of establishing identity of controlled substance in prosecutions involving controlled substances (EXHIBIT H), and the –A4 amendments (EXHIBIT I) and the –A5 amendments (EXHIBIT J).
TAPE 152, B
012	Mark Landauer	City of Portland. Submits written testimony in support of HB 3259A (EXHIBIT K).
015	Chair Minnis	Closes the public hearing on HB 3259A and opens a work session.
HB 3259A WORK SESSION
018	Vice Chair Burdick	MOTION: Moves to ADOPT HB 3259A-A4 amendments dated 5/2/03.
018	Vice Chair Burdick	MOTION: Moves to ADOPT HB 3259A-A5 amendments dated 5/15/03.
		VOTE: 6-0
020	Chair Minnis	Hearing no objection, declares the motion CARRIED.
021	Vice Chair Burdick	MOTION: Moves HB 3259A to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 6-0
025	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. MINNIS will lead discussion on the floor.
029	Chair Minnis	Closes the work session on HB 3259A and opens a work session on HB 2425A.
HB 2425A WORK SESSION
035	Bill Taylor	Committee Counsel. Explains HB 2425A exempts from disclosure under public records law public body’s plan in connection with threat against individual or public safety.
049	Vice Chair Burdick	MOTION: Moves HB 2425A to the floor with a DO PASS recommendation.
		VOTE: 6-0
051	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor.
053	Chair Minnis	Closes the work session on HB 2425A and opens a work session on HB 2095A.
HB2095A WORK SESSION
055	Bill Taylor	Committee Counsel. Introduces HB 2095A that requires court or enforcing agency issuing child support order to direct obligor to provide health care coverage to child under health benefit plan under certain circumstances, and the –A4 conflict amendments (EXHIBIT L).
060	Vice Chair Burdick	MOTION: Moves to RECONSIDER the vote by which HB 2095A was sent to the floor with a DO PASS recommendation with a subsequent referral to Ways & Means.
		VOTE: 6-0
067	Chair Minnis	Hearing no objection, declares the motion CARRIED.
071	Vice Chair Burdick	MOTION: Moves to ADOPT HB 2095A-A4 amendments dated 6/4/03.
		VOTE: 6-0
075	Chair Minnis	Hearing no objection, declares the motion CARRIED.
081	Vice Chair Burdick	MOTION: Moves HB 2095A to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.
		VOTE: 6-0
096	Chair Minnis	Hearing no objection, declares the motion CARRIED.
100	Chair Minnis	Closes the work session on HB 2095A and opens a work session on HB 3389A.
HB 3389A WORK SESSION
105	Bill Taylor	Committee Counsel. Introduces HB 3389A that provides additional means of establishing identity of controlled substance I prosecutions involving controlled substances, and the –A2 amendments (EXHIBIT M).
115	Vice Chair Burdick	MOTION: Moves to SUSPEND the rules for the purpose of considering conceptual amendments to HB 3389A.
		VOTE: 6-0
118	Chair Minnis	Hearing no objection, declares the motion CARRIED.
119	Vice Chair Burdick	MOTION: Moves to AMEND the -A2 amendments to HB 3389A on page 1, "delete line 10”.
		VOTE: 6-0
125	Chair Minnis	Hearing no objection, declares the motion CARRIED.
135	Taylor	Explains the –A2 amendments to HB 3389A as conceptually amended.
138	Michael Dugan	Deschutes County District Attorney. Requests an emergency clause be added to the bill.
157	Chair Minnis	Decides to bring the bill back on Monday, June 9, closes the work session on HB 3389A and opens a public hearing on HB 2275A.
HB 2275A PUBLIC HEARING
181	Wendy Johnson	Oregon Law Commission. Testifies in support of HB 2275 that prohibits unlawful discrimination based on age by place of public accommodation under certain circumstances.
200	Chair Minnis	Closes the public hearing on HB 2275A and opens a work session.
HB 2275A WORK SESSION
203	Vice Chair Burdick	MOTION: Moves HB 2275A to the floor with a DO PASS recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ferrioli
208	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. STARR will lead discussion on the floor.
211	Chair Minnis	Closes the work session on HB 2275A and opens a public hearing on HB 2276A.
HB 2276A PUBLIC HEARING
213	Wendy Johnson	Oregon Law Commission. Testifies in support of HB 2276A that permits compensatory and punitive damages in civil action for violation of certain injured worker rights.
227	Chair Minnis	Closes the public hearing on HB 2276A and opens a work session.
HB 2276A WORK SESSION
228	Vice Chair Burdick	MOTION: Moves HB 2276A to the floor with a DO PASS recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ferrioli
230	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. STARR will lead discussion on the floor.
239	Chair Minnis	Closes the work session on HB 2276A and opens a public hearing on HB 2865A.
HB 2865A PUBLIC HEARING
242	Bill Taylor	Committee Counsel. Introduces HB 2865A that allows district attorney to treat certain non-person felonies as Class A misdemeanors, and the –A5 and –A6 amendments (EXHIBIT N & O).
277	John Bradley	Former District Attorney, Multnomah County. Submits the testimony of Michael Schrunk, District Attorney for Multnomah County (EXHIBIT P), and testifies in support of HB 2865. Says the Oregon Criminal Defense Lawyers Association (OCDLA) is neutral on this bill.
405	Chuck French	Deputy District Attorney, Multnomah County. Testifies in support of HB 2865A.
TAPE 153, B
027	Vice Chair Burdick	Asks what the penalty is for lying before the grand jury.
031	French	Explains the penalties.
048	Vice Chair Burdick	Gives an example and asks who would be responsible for the perjury in this instance.
053	French	Explains how it would be handled.
088	Chair Minnis	Discusses how ambiguous reports are usually handled.
101	French	Says there are a number of exceptions to the hearsay laws.
113	Chair Minnis	Asks if a police officer has ever been prosecuted for false statements or reports.
115	French	Says he recalls only one case.
128	Susan Russell	Oregon Criminal Defense Lawyers Association (OCDLA). Testifies in support of HB 2865A. Says there is no longer opposition to the –A5 amendments and explains the –A6 amendments.
183	Chair Minnis	Asks about additional testimony being brought by the district attorney to the grand jury.
187	Russell	Agrees that a grand jury may not render a judgment without additional testimony.
211	Vice Chair Burdick	Asks if OCDLA would support the bill if the –A6 amendments are adopted.
214	Russell	Responds, yes.
241	French	Responds to prior testimony. Discusses the kinds of warrants that are available in obtaining indictments.
294	Chair Minnis	Closes the public hearing on HB 2865A and adjourns the meeting at 10:10 a.m.

EXHIBIT SUMMARY

A – HB 3093A, -A6 amendments submitted by staff, 1 p

B – HB 3093A, -A8 amendments submitted by staff, 1 p

C – HB 3093A, -A9 amendments submitted by staff, 7 pp

D – HB 3093A, -A10 amendments submitted by staff, 7 pp

E – SB 610, -3 amendments submitted by staff, 3 pp

F – HB 2490A, printed material submitted by Janet Carlson, 29 pp

G – SB 895, -4 amendments submitted by staff, 3 pp

H – HB 3259A, written testimony submitted by Rep. Jackie Dingfelder, 8 pp

I – HB 3259A, -A4 amendments submitted by staff, 1 p

J – HB 3259A, -A5 amendments submitted by staff, 1 p

K – HB 3259A, written testimony submitted by Mark Landauer, 2 pp

L – HB 2095A, -A4 amendments submitted by staff, 6 pp

M – HB 3389A, -A2 amendments submitted by staff, 1 p

N – HB 2865A, -A5 amendments submitted by staff, 1 p

O – HB 2865A, -A6 amendments submitted by staff, 1 p

P – HB 2865A, written testimony submitted by John Bradley, 2 pp