SENATE COMMITTEE ON JUDICIARY

 

 

June 19, 2003                                                                                                      Hearing Room 343

8:00 a.m.                                                                                                                  Tapes  171 - 172

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Charlie Ringo

Sen. Charles Starr

Sen. Vicki Walker

 

MEMBER EXCUSED:          Sen. Ted Ferrioli

 

STAFF PRESENT:                 Bill Joseph

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:           HB 3346 Public Hearing and Work Session

                                                SB 666 Public Hearing and Work Session

                                                HB 3338A Public Hearing and Work Session

                                                HB 3544A 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 171, A

004

Chair Minnis

Calls the meeting to order at 9:40 a.m. Opens a public hearing on HB 3346.

HB 3346 PUBLIC HEARING

013

Bill Joseph

Committee Counsel. Introduces HB 3346 which authorizes Metro to record final order assessing civil penalty with county clerk.

019

Doug Riggs

Metro. Submits testimony and testifies in support of HB 3346 (EXHIBITS A & B).

045

Paul Garrahan

Assistant Metro Attorney. Testifies in support of HB 3346.

083

Sen. Walker

Asks what happens when their lien is collected in the county clerk lien record. Asks how they collect.

088

Garrahan

Answers that it is the equivalent of a court judgment and that gives them the authority to put a lien on the property.

096

Sen. Minnis

Closes the public hearing on HB 3346 and opens a work session.

HB 3346 WORK SESSION

100

Vice Chair Burdick

MOTION:  Moves HB 3346 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Ferrioli

102

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

110

Sen. Minnis

Closes the work session on HB 3346 and opens a public hearing on SB 666.

SB 666 PUBLIC HEARING

112

Sen. Dukes

Senate District 16. Testifies in support of SB 666 which creates offense of distracted driving. Discusses the -1 amendments (EXHIBIT C).

145

Vice Chair Burdick

Asks if the driver wanted studded tires.

148

Sen. Dukes

Answers yes, the organization that transports them made that request because of the conditions on that highway.

151

Sen. Ringo

Asks about the language “regular schedule” in the bill,.

158

Sen. Dukes

Says that that means with some frequency or a set schedule.

164

Vice Chair Burdick

Asks about the use of the transport vehicles.

167

Sen. Dukes

Says that this exemption is for the transport of people that need medical help.

194

Chair Minnis

Asks if medical transport services are defined somewhere.

196

Sen. Dukes

Says that she does not know and that Legislative Counsel  provided the language.

200

Sen. Walker

Asks if the people that get an exemption have to apply.

204

Sen. Dukes

Answers that they will get the exemption by being on the list.

206

Sen. Walker

Wonders if they have to prove that they are a medical transport vehicle.

218

Doug Tindall

Oregon Department of Transportation (ODOT). Testifies in support of SB 666. Talks about how to define a regularly scheduled medical  transport vehicle.

232

Sen. Walker

Says that she likes the idea of defining what a medical transport vehicle is. Adds she has a disdain for studded tires and thinks that we should charge people to use them.

242

Vice Chair Burdick

Asks if it is the Department’s intention to do rulemaking around this issue.

244

Tindall

Says, yes. Comments that this is just a small amendment to the existing rule.

253

Sen. Ringo

Asks if this is intended just for mass transit vehicles.

257

Sen. Dukes

Responds that she anticipated that this would be for more than one individual at a time.

276

Sen. Dukes

Says that ODOT will likely define “services” to narrow the bill.

281

Chair Minnis

Closes the public hearing on SB 666 and opens a work session.

SB 666 WORK SESSION

307

Sen. Ringo

MOTION:  Moves to ADOPT SB 666-1 amendments dated 06/16/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Ferrioli

308

Chair Minnis

Hearing no objection, declares the motion CARRIED.

 

313

Vice Chair Burdick

MOTION:  Moves SB 666 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Ferrioli

317

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. DUKES will lead discussion on the floor.

326

Chair Minnis

Closes the work session on SB 666 and opens a public hearing on HB 3338A.

HB 3338A  PUBLIC HEARING

328

Bill Joseph

Committee Counsel. Introduces HB 3338A which modifies provisions relating to desertion by parent in adoption proceedings.

344

Robin Pope

Attorney and chairperson for the Oregon State Bar Standing Committee on Adoption. Submits testimony and testifies in support of HB 3338A (EXHIBIT D).

450

Vice Chair Burdick

Asks about an adult adoption.

456

Pope

Answers that if you are adopted by another person then that would terminate the parental rights of your living parent.

TAPE 172, A

010

Pope

Describes an adult adoption.

028

Sen. Walker

Asks about women in prison and how this bill would impact them.

039

Pope

Thinks that this bill will help women in prison. Says that it strengthens the law.

050

Kathy Ledesma

Program Manager of Adoption Services at the Oregon Department of Human Services (DHS). Submits testimony and testifies in support of HB 3338A (EXHIBIT E).

078

Chair Minnis

Asks about parental abduction and how that situation relates to this bill.

089

Pope

Explains that this bill would not prevent that.

102

Chair Minnis

Closes the public hearing on HB 3338A and opens a work session.

HB 3338A WORK SESSION

107

Vice Chair Burdick

MOTION:  Moves HB 3338A to the floor with a DO PASS recommendation.

109

Sen. Walker

Says that she likes the bill.

111

Chair Minnis

Asks if this applies retroactively.

113

Pope

Answers no.

119

 

VOTE:  5-0-1

EXCUSED:  1 - Ferrioli

120

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. STARR will lead discussion on the floor.

121

Sen. Minnis

Closes the work session on HB 3338 and opens a work session on HB 3544A.

HB 3544A WORK SESSION

124

Bill Joseph

Committee Counsel. Introduces HB 3544A which modifies limitations on penalty wages for failure to pay wages on termination. Discusses the –A2, -A3, and –A5 amendments (EXHIBITS F–H).

146

Vice Chair Burdick

Talks about the –A5 amendments and what they do.

194

Joseph

Comments on the –A2 amendments.

235

Julie Brandis

Associated Oregon Industries. Testifies on HB 3544A. Discusses their concerns about the –A5 amendments.

354

Sen. Minnis

Asks Ms. Brandis if she can provide written testimony to the committee regarding their concerns with the amendments. Closes the work session on HB 3544A. Adjourns the meeting at 9:30 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 3346, written testimony, submitted by Doug Riggs, 2 pgs.

B – HB 3346, written testimony, submitted by Doug Riggs, 2 pgs.

C – SB 666, -1 amendments, submitted by staff, dated 6/16/03, 2 pgs.

D – HB 3338A, written testimony, submitted by Robin Pope, 1 pg.

E – HB 3338A, written testimony, submitted by Kathy Ledesma, 2 pgs.

F - HB 3544A, -A2 amendments, submitted by staff, dated 5/20/03, 1 pg.

G – HB 3544A, -A3 amendments, submitted by staff, dated 5/27/03, 1 pg.

H – HB 3544A, -A5 amendments, submitted by staff, dated 6/19/03, 2 pgs.