SENATE COMMITTEE ON JUDICIARY

June 6, 2003 Hearing Room 343

8:00 A.M. Tapes 154 - 155

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, Committee Counsel

Bill Joseph, Committee Counsel

Bill Taylor, Committee Counsel

Nancy Massee, Committee Assistant

MEASURE/ISSUES HEARD: HB 2221A Public Hearing and Work Session

HB 2733A Work Session

HB 2736 Work Session

HB 2581A Work Session

HB 2066A Work Session

HB 2682A Public Hearing and Work Session

HB 3389A 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 154, A
004	Chair Minnis		Opens meeting at 8:15 am. Opens public hearing on HB 2221A.
HB 2221A PUBLIC HEARING
006	Teresa Douglas		Governor’s Advisory Committee on DUII. Testifies in support of HB 2221A and submits written testimony (EXHIBIT A).
018	Craig Prins		Committee Counsel. Explains HB 2221A which increases fees for screening interviews of persons convicted of driving while under influence of intoxicants and diagnostic assessments of persons entering diversion agreements. Explains the -A4 amendments (EXHIBIT B).
035	Sen. Walker		Asks why this bill is needed.
037	Chair Minnis		Responds that judges should not serve if they have been convicted of DUII three times.
040	Bradd Swank		State Court Administrator’s Office. Discusses violations of judicial ethics and the code of judicial conduct. Discusses DUII convictions of judges.
050	Prins		Relates requirements for elected judges. Relates that the Legislature does not discipline judges, the Judicial Branch does that.
080	Sen. Ringo		Explains his concerns on this bill which involves possible DUII charges in youthful years that might preclude a judgeship.
082	Chair Minnis		Explains exclusions on becoming police officers for those who have broken the law in their youth.
095	Sen. Walker		Asks if diversion in DUII results in non-conviction.
100	Prins		Explains how diversions affect DUII convictions.
105	Sen. Walker		Asks if this is a problem among judges.
109	Chair Minnis		Remarks that it is not good public policy to have judges who have been convicted of DUII.
115	Chair Minnis		Closes public hearing on HB 2221A. Opens work session on HB 2221A.
HB 2221A WORK SESSION
180	Sen. Ferrioli		MOTION: Moves to ADOPT HB 2221A-4 amendments dated 5/15/03.
			VOTE: 5-0-1 EXCUSED: 1 – Burdick
183	Chair Minnis		Hearing no objection, declares the motion CARRIED.
184	Sen. Ferrioli		MOTION: Moves HB 2221A to the floor with a DO PASS AS AMENDED recommendation.
				VOTE: 5-0-1 EXCUSED: 1 – Burdick
185	Chair Minnis		Hearing no objection, declares the motion CARRIED. SEN. MINNIS will lead discussion on the floor.
187	Chair Minnis		Closes work session on HB 2221A. Opens work session on HB 2733A.
HB 2733A WORK SESSION
189		Bill Taylor	Committee Counsel. Explains HB 2733 which reorganizes provisions relating to venue in violation cases.
200	Sen. Ferrioli		MOTION: Moves HB 2733A to the floor with a DO PASS recommendation.
					VOTE: 5-0-1 EXCUSED: 1 – Burdick
201	Chair Minnis		Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
202	Chair Minnis		Closes work session on HB 2733A. Opens work session on HB 2736.
HB 2736 WORK SESSION
203	Bill Taylor		Committee Counsel. Explains HB 2736 which creates crime of interfering with firefighter or emergency medical technician.
205	Sen. Ferrioli		MOTION: Moves HB 2736 to the floor with a DO PASS recommendation.
				VOTE: 5-0-1 EXCUSED: 1 – Burdick
206	Chair Minnis		Hearing no objection, declares the motion CARRIED. SEN. STARR will lead discussion on the floor.
208	Chair Minnis		Closes work session on HB 2736. Opens work session on HB 2581A.

HB 2581A WORK SESSION
212	Bill Joseph		Committee Counsel. Explains HB 2581 which allows governing body to commence proceeding in circuit court to determine regularity and legality of certain actions of governing body. Explains the –A5 amendments (EXHIBIT D).
240	Sen. Ferrioli		Comments on municipalities conferring with other government entities before taking action.
255	Rep. Bob Ackerman		House District 13. Testifies in support of HB 2581 with the –A5 amendments and gives reasons why HB 2581 is needed.
402	Sen. Walker		Gives reasons why she is voting “no” on this bill. Says the cities need to make their own analyses.
TAPE 155, A
010	Sen. Ringo		Discusses the need for people to be able to challenge the cities, but there also has to be finality and decision making.
030	Sen. Starr		MOTION: Moves to ADOPT HB 2581A-5 amendments dated 5/30/03.
			VOTE: 5-0-1 EXCUSED: 1 – Burdick
031		Chair Minnis				Hearing no objection, declares the motion CARRIED.
035	Sen. Starr		MOTION: Moves HB 2581A to the floor with a DO PASS AS AMENDED recommendation.
			VOTE: 4-1-1 AYE: 4 - Ferrioli, Ringo, Starr C., Minnis NAY: 1 - Walker EXCUSED: 1 – Burdick
040	Chair Minnis		The motion CARRIES. SEN. STARR will lead discussion on the floor.
041	Chair Minnis		Closes work session on HB 2581A. Opens work session on HB 2066A.
HB 2066A WORK SESSION
043	Bill Joseph		Committee Counsel. Explains HB 2066A which makes miscellaneous changes to laws governing courts. Explains the –A18 amendments (EXHIBIT E).
041	Bradd Swank		Special Counsel, Oregon Judicial Department. Testifies in support of HB 2066A. Explains the –A18 amendments.
050		Sen. Walker		MOTION: Moves to ADOPT HB 2066A-18 amendments dated 5/20/03.
				VOTE: 5-0-1 EXCUSED: 1 – Burdick
052	Chair Minnis		Hearing no objection, declares the motion CARRIED.
053		Sen. Walker		MOTION: Moves HB 2066A to the floor with a DO PASS AS AMENDED recommendation.
				VOTE: 5-0-1 EXCUSED: 1 – Burdick
055		Chair Minnis		Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor.
056	Chair Minnis			Closes work session on HB 2066A. Opens public hearing on HB 2682A.
HB 2682A PUBLIC HEARING
082	John McCulley		Oregon Association of Mortgage Brokers. Testifies in support of HB 2681A and submits testimony (EXHIBIT F). Explains HB 2682A which requires criminal background check of loan originators.
128	Chair Minnis		Closes the public hearing on HB 2682A and opens a work session.
HB 2682A WORK SESSION
130		Sen. Walker		MOTION: Moves HB 2682A to the floor with a DO PASS recommendation.
				VOTE: 5-0-1 EXCUSED: 1 – Burdick
132	Chair Minnis		Hearing no objection, declares the motion CARRIED. SEN. FERRIOLI will lead discussion on the floor.
133	Chair Minnis		Recesses the meeting at 9:05 a.m. Reconvenes meeting and opens work session on HB 3389A.
HB 3389A WORK SESSION
132	Bill Taylor		Committee Counsel. Gives background on HB 3389A which provides additional means of establishing identity of controlled substance in prosecutions involving controlled substances. Explains the –A3 amendments (EXHIBIT G).
140	Ingrid Swenson		Oregon Criminal Defense Lawyers Association (OCDLA). Testifies in support of HB 3389A.
150		Sen. Walker				MOTION: Moves to ADOPT HB 3389A-3 amendments dated 6/5/03.
						VOTE: 5-0-1 EXCUSED: 1 - Burdick
151	Chair Minnis				Hearing no objection, declares the motion CARRIED.
153		Sen. Walker				MOTION: Moves HB 3389A to the floor with a DO PASS AS AMENDED recommendation.
						VOTE: 5-0-1 EXCUSED: 1 – Burdick
155		Chair Minnis				Hearing no objection, declares the motion CARRIED. SEN. MINNIS will lead discussion on the floor.
157	Chair Minnis				Closes the work session on HB 3389A and adjourns meeting at 9:15 a.m.

EXHIBITS:

A – HB 2221A, written testimony, Teresa Douglas, 2 pp

B – HB 2221A-4 amendments, staff, 3 pp

C– HB 2221A, written testimony submitted for Multnomah County by staff, 1 p

D - HB 2581A-5 amendments, staff, 1 p

E – HB 2066A-18 amendments, staff, 2 pp

F – HB 2682A, written testimony, John McCulley, 8 pp

G - HB 3389A-3 amendments, staff, 1 p