SENATE COMMITTEE ON JUDICIARY

 

 

June 18, 2003                                                                                                      Hearing Room 343

8:00 a.m.                                                                                                                     Tapes 168-170

 

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 2646A Public Hearing

                                                HB 2594 Work Session

                                                HB 2278B 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 168, A

004

Chair Minnis

Calls the meeting to order at 8:15 a.m., announces that HB 2110A and HB 2318A will be held over until Monday, and opens a public hearing on HB 2646A.

HB 2646A PUBLIC HEARING

013

Rep. Max Williams

House District 35.  Submits testimony of Wendy Johnson (EXHIBIT A) and testifies in support of HB 2646A that revises laws relating to judgments. Introduces the –A5, -A6 and –A7 amendments (EXHIBITS B-D).

110

Wendy Johnson

Oregon Law Commission.  Submits printed material (EXHIBIT E) and testifies in support of HB 2646A and the –A6 amendments.  Says the commission has no position on the –A7 amendments.

115

Dave Heynderickx

Legislative Counsel.  Testifies in support of HB 2646A.

127

Chair Minnis

Asks if there was a specific model followed to create the changes.

128

Rep. Williams

Says, no. Explains the process and how it was individually addressed to fit Oregon’s laws.

140

Heynderickx

Discusses the need to make these revisions.

173

Sen. Walker

Asks about the $4 fee on a garnishment.

179

Heynderickx

Explains how the fee would apply to the judgment.

221

Sen. Ringo

Asks what brought about the –A6 amendments.

225

Rep. Williams

Explains that there was a recognition among some of the interested groups that garnishment was an issue that had not been addressed.

248

Heynderickx

Explains the three parts of the –A6 amendments.

272

Sen. Ringo

Expresses concern about the new fee of $4.

280

Johnson

Explains the fee and how it was decided upon.

300

Rep. Williams

Explains that instead of the court charging the fee, the attorney would handle it.

369

Betsy Earls

Harrang Long Gary Rudnick Law Firm.  Submits testimony of Bill Gary and testifies in support of the –A7 amendments to HB 2646A (EXHIBIT F).

TAPE 169, A

038

Vice Chair Burdick

Asks if these are cases that have gone through the trial court and are now on appeal.

040

Earls

Says, yes.

041

Vice Chair Burdick

Asks if the cases would have to be retried if the –A7 amendments were not passed.

048

Earls

Discusses how this legislation would affect current law.

066

Vice Chair Burdick

Expresses concern about a constitutional ruling being changed.

074

Earls

Says the intention is not to override the entire ruling, just a certain set of cases.

100

Chair Minnis

Asks if the Shoup decision might revive cases that were assumed to be resolved.

105

Earls

Says she is not sure it would revive cases that were already tried.

110

Chair Minnis

Wonders who is affected by the retroactivity issue that she wants to change.

118

Earls

Says there are three cases in her law firm on appeal right now.

123

Richard Lane

Oregon Trial Lawyers Association.  Testifies in support of HB 2646A, but in opposition to the –A7 amendments. Provides an example case and discusses what affect the –A7 amendments would have on it.

195

Vice Chair Burdick

Asks if there would be remedy if this example case went to the Supreme Court after Shoup.

200

Lane

Explains how Shoup would apply to his hypothetical case.

242

Bill Joseph

Committee Counsel.  Provides a copy of the Shoup case to the committee for review (EXHIBIT G).

247

Chair Minnis

Closes the public hearing on HB 2646A and opens a work session on HB 2594.

HB 2594 WORK SESSION

262

Rep. Prozanski

House District 8.  Testifies in support of HB 2594 that provides that certain transfers and payments of moneys by justice and municipal courts be made not later than last day of month following month in which collected, and the –1 amendments (EXHIBIT H).

350

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 2594-1 amendments dated 6/12/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Ferrioli

364

Chair Minnis

Hearing no objection, declares the motion CARRIED.

365

Vice Chair Burdick

MOTION:  Moves HB 2594 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Ferrioli

369

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

377

Chair Minnis

Closes the work session on HB 2594 and opens a public hearing on HB 2278B.

HB 2278B PUBLIC HEARING

381

Bill Joseph

Committee Counsel.  Introduces HB 2278B that provides consistent terminology for public bodies in laws relating to districts, and the -5 amendments (EXHIBIT I).

404

Sen. Ringo

Discusses the -B5 amendments which would change authority of the taxi industry from the City of Portland to Metro.

TAPE 168, B

020

Sen. Ringo

Continues discussing the -B5 amendments to HB 2278B.

169

Jim Wadsworth

Director of Licensing, City of Portland.  Submits testimony and testifies in opposition to the -5 amendments to HB 2278B (EXHIBIT J).

311

Chair Minnis

Asks about the shift in authority from City of Portland to Metro.

314

Wadsworth

Explains why the shift.

365

Sen. Ringo

Contends that this bill does not put any more taxis on the streets of Portland.

335

Wadsworth

Says that is understood, but the question is mainly about the limiting of local jurisdictions.

366

Sen. Ringo

Asks about the details of Metro handling the cab business.

363

Wadsworth

Says a regional authority may be the solution.

377

Sen. Ringo

Says his understanding is that it would be better to have some uniform standards.

413

Wadsworth

Says the economy and the industry itself have some impact on how this shift would take place.

450

Sam Fowler

Port of Portland.  Testifies in opposition to the amendments to HB 2278B. Says there are a number of other issues that need to be looked at besides the safety issue.

TAPE 169, B

031

Chair Minnis

Asks what other issues he is referring to.

032

Fowler

Says safety of the roadway, the efficiency of the roadway, a balance of supply and demand are all issues that need to be looked at.

044

Chair Minnis

Asks if he believes that Metro would be insensitive to the issues described.

045

Fowler

Says, no.

050

Sen. Ringo

Explains that there has been no input from the Port of Portland regarding this bill when he introduced it in January.

058

Mark Pettibone

Taxi Board of Review.  Testifies in opposition to the amendments to HB 2278B.  Discusses the accessibility of cabs to handicapped individuals.

093

Chair Minnis

Asks why Metro couldn’t oversee that the required number of handicapped accessible cabs are available.

098

Pettibone

Says there are too many unknowns with governing by Metro, and the program is working very successfully now.

111

Sen. Ringo

Believes that Metro can be sensitive to all the concerns.

127

Wadsworth

Expresses concern about what regulation by Metro would entail.

172

Steve Entler

Radio Cab Company.  Testifies in opposition to HB 2278B.  Believes that shifting regulatory authority would add to the problem.

224

Sen. Ringo

Says there are many more factors involved than competition.

242

Chair Minnis

Asks who owns Radio Cab.

244

Entler

Says it is owned by the drivers.

266

Chair Minnis

Asks who owns Broadway Cab.

269

Raye Miles

General Manager, Broadway Cab. Explains that it is a Limited Liability Corporation (LLC).  Expresses her concern with the follow-through in shifting authority and wonders if Metro really wants the cab business.

307

Sen. Ringo

Says it is a complicated shift.

323

Miles

Stresses the idea that there has been no indication of how the shift would take place.

338

Chair Minnis

Says regional transportation planning is very poor, and that there is a great deal of opportunity in the business.

360

Michael Tolley

Cab driver, Portland, Oregon.  Testifies in opposition to the -5 amendments to HB 2278B.  Believes the legislature should not get involved in regulating Portland’s business.

454

Chair Minnis

Asks what the purpose is for government regulation of taxi cabs.

456

Tolley

Says, safety, insurance, price gouging, and hours the driver is on duty are a few of the issues.  Says regulation is necessary, and better for the public at large.

TAPE 170, A

068

Sen. Ringo

Thanks the Portland taxi industry for coming to express their views.

073

Chair Minnis

Closes the public hearing on HB 2278B and adjourns the meeting at 10:15 a.m.

The following prepared testimony is submitted for the record without public testimony for HB 2278B

                                                             Written testimony submitted by Cheryl Noonan (EXHIBIT K)

 

 

EXHIBIT SUMMARY

 

A – HB 2646A, written testimony of Wendy Johnson submitted by Rep. Williams, 24 pp

B – HB 2646A, -A5 amendments submitted by staff, 6 pp

C – HB 2646A, -A6 amendments submitted by staff, 72 pp

D – HB 2646A, -A7 amendments submitted by staff, 1 p

E – HB 2646A, printed material submitted by Wendy Johnson, 3 pp

F – HB 2646A, written testimony of Bill Gary submitted by Betsy Earls, 5 pp

G – HB 2646A, printed material submitted by staff, 8 pp

H – HB 2594, -1 amendment submitted by staff, 2 pp

I – HB 2278B, -B5 amendments submitted by staff, 4 pp

J – HB 2278B, written testimony submitted by Jim Wadsworth, 4 pp

K – HB 2278B, written testimony submitted by Cheryl Noonan, 1 p