SENATE COMMITTEE ON JUDICIARY

 

 

June 12, 2003                                                                                                      Hearing Room 343

8:00 AM                                                                                                                  Tapes 162 – 163

 

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

                                                Bill Taylor, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           HB 2049A  Work Session

SB 620  Work Session

HB 2235A  Public Hearing and Work Session

HB 2770A Public Hearing and Work Session

HB 3330A Public Hearing and Work Session

HB 2696A Public Hearing and Work Session

SB 297  Work Session

HB 3329B  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 162, A

004

Chair Minnis

Calls the meeting to order at 8:15 a.m. and opens a work session on HB 2049A.

HB 2049A WORK SESSION

008

Bill Joseph

Committee Counsel.  Introduces HB 2049A that requires that motion to amend pleading to assert claim for punitive damages be filed and served not less than 60 days before date set for trial, and the –A5 amendments (EXHIBIT A).

023

Sen. Ringo

Thanks the Committee Counsel for his work on these amendments.  Clarifies the function of the –A5 amendments.

033

Joseph

Concurs with Sen. Ringo’s clarification, and further discusses.

040

Sen. Ringo

MOTION:  Moves to ADOPT HB 2049A-A5 amendments dated 06/10/03.

041

Sen. Ferrioli

Asks if Rep. Ackerman was aware of the change to the bill.

045

Joseph

Indicates that he did not consult Rep. Ackerman on the bill, and comments on the discussions which have occurred after the bill left the House Judiciary Committee.

050

Committee

Discusses the procedure for concurring with the House on the –A5 amendments.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Burdick

065

Chair Minnis

Hearing no objection, declares the motion CARRIED.

070

Sen. Ringo

MOTION:  Moves HB 2049A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Burdick

075

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

077

Chair Minnis

Closes the work session on HB 2049A and opens a work session on SB 620.

SB 620 WORK SESSION

080

Bill Joseph

Committee Counsel.  Introduces SB 620 that requires agency employing police or corrections officer to reimburse officer for attorney fees incurred as result of criminal prosecutions and investigations against officer under specified circumstances. Introduces the -1 amendments (EXHIBIT B).

085

Sen. Walker

Comments on the issue addressed by the bill.

095

Sen. Walker

MOTION:  Moves to ADOPT SB 620-1 amendments dated 06/04/03.

 

 

VOTE:  6-0

100

Chair Minnis

Hearing no objection, declares the motion CARRIED.

105

Sen. Walker

MOTION:  Moves SB 620 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

110

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

115

Chair Minnis

Closes the work session on SB 620, and opens a public hearing on HB 2235A.

HB 2235A PUBLIC HEARING

120

Chair Minnis

Clarifies that the bill is a technical fix to a statute which passed last session (2001).

125

Scott Tighe

Department of Public Safety Standards and Training (DPSST).  Acknowledges, submits testimony, and testifies in support of HB 2235A (EXHIBIT C).

190

Sen. Ringo

Asks if security companies have to be licensed and certified by the state.

195

Tighe

Indicates security companies are required to be licensed.

197

Sen. Ringo

Further clarifies the licensing requirements.

200

Tighe

Further outlines the requirements.

205

Sen. Ringo

Asks about the training requirements.

207

Tighe

Discusses the training requirements.

210

Chair Minnis

Closes the public hearing on HB 2235A and opens a work session.

HB 2235A WORK SESSION

215

Vice Chair Burdick

MOTION:  Moves HB 2235A to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

217

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. C STARR will lead discussion on the floor.

220

Chair Minnis

Closes the work session on HB 2235A, and opens a public hearing on HB 2770A.

HB 2770A PUBLIC HEARING

225

Craig Prins

Committee Counsel.  Introduces HB 2770A that creates crime of strangulation, and the –A13 amendments (EXHIBIT D).

265

Sen. Walker

Clarifies an issue in the amendments.

270

Prins

Explains the issue, and continues with the description of the bill.

325

Committee

Discusses the breadth of the bill.

313

Rep. Floyd Prozanski

House District 8.  Testifies in support of HB 2770A.

326

Sen. Ringo

Asks why strangulation is being created as a crime.

330

Rep. Prozanski

Comments on the risk of strangulation to women in particular.

354

Sen. Ringo

Asks if strangulation isn’t already an assault.

360

Rep. Prozanski

Provides that strangulation is an assault only if it causes an injury.

395

Sen. Ringo

Further questions the injuries caused by strangulation.

370

Jean Kunkle

Marion County District Attorney.  Explains what is considered an injury in strangulation.

395

Sen. Ringo

Further questions the need to define “strangulation” specifically as a crime.

397

Rep. Prozanski

Further comments on why the law is needed.

400

Chair Minnis

Comments on the use of reasonable doubt in trials, in relation to the bill. Closes the public hearing on HB 2770A and opens a work session.

HB 2770A WORK SESSION

410

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 2770A-A13 amendments dated 06/11/03.

 

 

VOTE:  6-0

415

Chair Minnis

Hearing no objection, declares the motion CARRIED.

420

 Vice Chair Burdick

MOTION:  Moves HB 2770A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

425

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. MINNIS will lead discussion on the floor.

435

Chair Minnis

Closes the work session on HB 2770A, and opens a public hearing on HB 3330A.

TAPE 163, A

HB 3330A PUBLIC HEARING

035

Bill Joseph

Committee Counsel.  Introduces 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, and the –A4 amendments (EXHIBIT E).

045

Committee

Discusses the bill.

045

Chair Minnis

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

HB 3330A WORK SESSION

050

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 3330A-A4 amendments dated 05/16/03.

 

 

VOTE:  6-0

055

Chair Minnis

Hearing no objection, declares the motion CARRIED.

057

 Vice Chair Burdick

MOTION:  Moves HB 3330A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

060

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. FERIOLI will lead discussion on the floor.

065

Chair Minnis

Closes the work session on HB 3330A and opens a public hearing on HB 2696A.

HB 2696A PUBLIC HEARING

070

Bill Joseph

Committee Counsel.  Introduces HB 2696A that provides right to hearing when Department of Human Services proposes to refuse, suspend, revoke or terminate support service payment used to support participation in job opportunity and basic skills program, and the –A3 amendments (EXHIBIT F).

080

Martin Taylor

Oregon Law Center.  Testifies in support of HB 2696A.

105

Chair Minnis

Closes the public hearing on HB 2696A and opens a work session.

HB 2696A WORK SESSION

107

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 2696A-A3 amendments dated 06/03/03.

112

Sen. Walker

Points out this bill would fix the Huckstor case.

115

Martin Taylor

Oregon Law Center. Comments on the bills relation to the Huckstor case.

 

 

VOTE:  6-0

125

Chair Minnis

Hearing no objection, declares the motion CARRIED.

127

 Vice Chair Burdick

MOTION:  Moves HB 2696A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

130

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

135

Chair Minnis

Closes the work session on HB 2696A, and opens a work session on HB 297.

SB 297 WORK SESSION

137

Bill Joseph

Committee Counsel.  Introduces SB 297 that creates presumption that certain clauses in consumer contract on standardized printed form are void, and the -4 amendments (EXHIBIT G).

185

Sen. Ringo

Asks whether there are sanctions imposed for failure to disclose an insurance policy.

188

Joseph

Points out that this issue is addressed on page 7, line 20. Further comments on the sanctions.

206

Sen. Ringo

Asks if there are sanctions if the insurer fails to disclose.

211

Joseph

Says it would be at least contempt of court.

232

Vice Chair Burdick

Clarifies that the -4 amendments are a result of the various interested parties getting together to agree.

245

Chair Minnis

Indicates the -4 amendments are such a compromise.

249

Vice Chair Burdick

Indicates her support of the -4 amendments.

260

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 297-4 amendments dated 06/12/03.

265

Sen. Walker

Comments on the chain of command regarding courts, in the bill.

270

Sen. Ringo

Expresses his opinion regarding how the bill has changed.

275

Sen. Walker

Comments on the wording in the bill.

 

 

VOTE:  6-0

285

Chair Minnis

Hearing no objection, declares the motion CARRIED.

290

Vice Chair Burdick

Thanks Legislative Counsel for their work on the bill.

295

 Vice Chair Burdick

MOTION:  Moves SB 297 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

305

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. MINNIS will lead discussion on the floor.

310

Chair Minnis

Closes the work session on SB 297, and opens a public hearing on HB 3329B.

HB 3329B PUBLIC HEARING

315

Bill Joseph

Committee Counsel.  Introduces HB 3329B that authorizes Department of Justice to initiate and participate in efforts to prepare for, and to assist in, delivery of services to individuals traumatized by acts of mass violence, and introduces the –B6 amendments (EXHIBIT H), -B7 amendments (EXHIBIT I), -B8 amendments (EXHIBIT J), and –B9 amendments (EXHIBIT K).

347

Hardy Myers

Oregon Attorney General.  Testifies in support of HB 3329B.

TAPE 162, B

068

Sen. Walker

Questions whether, due to the federal registry, there is a need for the state registry. Asks about the deadline for getting a name on the list.

076

Myers

Outlines the deadline.

086

Cheryl Pellegrini

Assistant Attorney General. Submits written testimony (EXHIBIT L) and further comments on the deadline in question. Points out that until the bill passes, there is no link between the federal and state lists.

103

Sen. Walker

Asks why state law is pre-empted by the federal list.

111

Myers

Clarifies the relationship between the federal and state lists.

121

Sen. Walker

Asks if we are losing income from compiling the state list.

129

Myers

Indicates the income would be lost, but money will be saved by ending the Oregon program.

140

Sen. Walker

Points out she has serious concerns about the federal government’s involvement.

146

Myers

Expresses his concerns with the involvement of the federal government, but responds that the creation of a national list is a positive step forward.

157

Vice Chair Burdick

Questions where the income from the Oregon no-call list goes.

164

Pellegrini

Explains that the funds collected are used to pay for the registration process, not enforcement.

187

Vice Chair Burdick

Asks for clarification of how enforcement is funded.

192

Pellegrini

Explains the enforcement actions and indicates the offenders pay for the enforcement.

212

Vice Chair Burdick

Asks if enforcement would change under this legislation.

214

Pellegrini

Indicates there would be no change in enforcement.

220

Vice Chair Burdick

Clarifies whether the exemptions on the federal list or the exemptions on the state list would be paramount.

224

Pellegrini

Explains that the state exemptions would take precedence in the state.

238

Vice Chair Burdick

Clarifies that the only change which the consumer would experience would no longer need to pay the fee currently associated with the state list.

240

Pellegrini

Acknowledges.

246

Sen. Ringo

Questions the federal preemption if the state does not pass the bill.

253

Myers

Refers to his conversations with the Federal Trade Commission (FTC) regarding the issue.

256

Pellegrini

Comments on the conversations with the FTC regarding preemption.

324

Sen. Ringo

Points out the bill would stave off preemption.

325

Pellegrini

Addresses the –B7 amendments indicating they would nullify the intent of the bill therefore ensuring noncompliance with federal list.  Asks that these amendments not be considered.

358

Vice Chair Burdick

Asks about the –B8 amendments that cover businesses lines being on the federal list.

372

Pellegrini

Explains that businesses would be able to be put on the federal list.

388

Sen. Walker

Asks how a business would be able to register with the federal list.

406

Pellegrini

Clarifies that there would still be an Oregon list, but that it would be administered by the federal government.

420

Sen. Walker

Further questions enrollment on the federal list.

430

Pellegrini

Outlines the way in which businesses would enroll on the list.

422

Sen. Walker

Asks about the difficulty in obtaining federal lists and compliance with individual states’ no-call laws.

435

Pellegrini

Acknowledges.

439

Myers

Explains that the federal registry is a compromise among the states to create one list, with the provision that the states are able to keep their individual exemptions.

TAPE 163, B

027

Connie Gallagher

Oregon Department of Justice.  Submits testimony and testifies in support of sections I and 2 of HB 3329B that deals with crime victims assistance (EXHIBIT M).

077

Brant Wolf

Oregon Telecommunication Association.  Testifies in opposition to HB 3329B.  Addresses the –B7 amendments.

120

Sen. Ringo

Points out the Attorney General’s testimony that the –B7 amendments would make Oregon noncompliant. Asks Mr. Wolf to address this perception.

127

Wolf

Indicates that this is the first he has heard of these concerns.

132

Sen. Ringo

Asks about the –B7 amendments would mean noncompliance and points out he could not support them in this case.

141

Wolf

Further offers his interpretation of the –B7 amendments.

149

Sen. Walker

Points out the discretionary language in the –B7 amendments. Asks why someone would continue to pay if they could receive the service for free.

163

Wolf

Explains that those individuals who wanted greater protection would sign with the more stringent state list.

166

Sen. Walker

Comments on the effectiveness of the program, but the concerns of having two lists.

174

Wolf

Explains that there would be a lack of coverage with enrolling with the federal list, and not with the state list.

180

Sen. Walker

Asks that the Attorney General’s office address these concerns.

197

Pellegrini

Offers her understanding of what will happen on July 1 when the FTC registry begins.

220

Sen. Walker

Asks whether the language could be changed in the –B7amendments to bring them into compliance.

230

Wolf

Comments on the concerns which have been raised with the –B7 amendments.

250

Pellegrini

Points out the issue is not about sharing lists, but about designation. Restates the efforts of the FTC to bring the various state lists into compliance.

280

Sen. Ringo

Believes the changes need to be adopted.

298

Chair Minnis

Expresses frustration with federal mandates, and indicates his lack of interest in this legislation. Asks whether there is any ability to change the bill to address the concerns expressed by Mr. Wolf.

307

Pellegrini

Refers to the contract the state has with the list administrator, and indicates this contract would still be valid upon passage of the bill.

318

Chair Minnis

Asks that some compromises to the bill need to be made. Closes the public hearing on HB 3329B, and adjourns the meeting at 10:05 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2049A, -A5 amendments, staff, 2 pp.

B – SB 620, -1 amendments, staff, 12 pp.

C – HB 2235A, written testimony, Scott Tighe, 2 pp.

D – HB 2770A, -A13 amendments, staff, 15 pp.

E – HB 3330A, -A4 amendments, staff, 1 p.

F – HB 2696A, -A3 amendments, staff, 1 p.

G – SB 297, -4 amendments, staff, 8 pp.

H – HB 3329B, -B6 amendments, staff, 1 p.

I – HB 3329B, -B7 amendments, staff, 2 pp.

J – HB 3329B, -B8 amendments, staff, 5 pp.

K – HB 3329B, -B9 amendments, staff, 3 pp.

L – HB 3329B, written testimony, Cheryl Pellegrini, 4 pp.

M – HB 3329B, written testimony, Connie Gallagher, 1 p.