SENATE COMMITTEE ON JUDICIARY

 

 

July 03, 2003                                                                                                       Hearing Room 343

8:00 a.m.                                                                                                                    Tapes 185 -186

 

MEMBERS PRESENT:         Sen. Minnis, Chair

Sen. Burdick, Vice-Chair

Sen. Ferrioli

Sen. Ringo

Sen. Starr

Sen. Walker

 

 

STAFF PRESENT:                 Craig Prins, Counsel

                                                Bill Taylor, Counsel

Nancy Massee, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           HB 2900A Work Session                  

                                                HB 909 Public Hearing and Work Session

                                                HB 2783B Public Hearing

                                                SB 904 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 185, A

003

Chair Minnis

Calls the meeting to order at 8:10 a.m., and opens a work session on HB 2900A.

HB 2900A WORK SESSION

004

Craig Prins

Committee Counsel. Introduces HB 2900A that creates traffic offense of refusing to take breath test.

011

Vice Chair Burdick

MOTION:  Moves HB 2900 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ringo, Sen. Ferrioli

015

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. STARR will lead discussion on the floor.

016

Chair Minnis

Closes the work session on HB 2900A and opens a public hearing on SB 909.

SB 909 PUBLIC HEARING

021

Craig Prins

Committee Counsel.  Introduces SB 909 that establishes notice of defect procedure as prerequisite to compelling arbitration or commencing court action to recover damages for residential construction defect.

063

Scott Barrie

Oregon Building Industry Association. Testifies in support of SB 909 and gives background of legislation.

110

Sen. Ringo

Asks if this bill is the same as the house bill that he worked on.

113

Barrie

Says, yes, with the exception of an amendment proposed for Section 6 on page 5.

120

Lana Butterfield

Professional Insurance Agents of Oregon. Submits testimony of Ron Manza and testifies in support of SB 909 (EXHIBIT A).

131

Chair Minnis

Closes the public hearing on SB 909 and opens a work session.

SB 909 WORK SESSION

133

Vice Chair Burdick

MOTION:  Moves SB 909 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

137

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

140

Chair Minnis

Closes the work session on SB 909 and opens a public hearing on HB 2783B.

HB 2783B PUBLIC HEARING

142

Bill Taylor

Committee Counsel. Introduces HB 2783B that requires state agencies, boards and commissions that issue certain licenses, certifications, permits or registrations to record applicant’s Social Security number on application for, or form for renewal of, driver license or certain permits.

155

Ronelle Shankle

Department of Justice (DOJ). Testifies in support of HB 2783B. Explains DOJ needs Social Security numbers to be in compliance with the federal government.

215

Kelly Taylor

Oregon Department of Transportation (ODOT).  Testifies in support of HB 2783B.

220

Chair Minnis

Submits the written testimony of Michael Buckley of the Department of Human Services (DHS) (EXHIBIT B).  Points out that he has little faith in the ability of the DHS to budget their funds.

232

Sen. Walker

States this is a federal requirement.

239

Chair Minnis

Closes the public hearing on HB 2783B and opens a work session.

HB 2783B WORK SESSION

241

Vice Chair Burdick

MOTION:  Moves HB 2783B to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ringo

243

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

253

Chair Minnis

Closes the work session on HB 2783B and opens a work session on SB 904.

SB 904 WORK SESSION

254

Bill Taylor

Committee Counsel.  Introduces SB 904 that abolishes Dispute Resolution Commission, and the -1 amendments (EXHIBIT C) and the -2 amendments (EXHIBIT D).

270

Chair Minnis

Recesses the meeting at 8:35 a.m.

272

Chair Minnis

Reconvenes the meeting at 8:42 a.m.

277

Sen. Walker

Discusses how the Dispute Resolution Commission may partner with The Hatfield School of Government or University of Oregon.

293

David Frohnmayer

President, University of Oregon. Testifies in support of the dispute resolution program. Gives reasons why dispute resolution programs should be continued.

361

Jane Gordon

Dean, University of Oregon Law School.  Gives background on dispute resolution at the University of Oregon School of Law. Would like to see the U of O work with the Hatfield School of Government to promote the dispute resolution programs. 

425

Sen. Ferrioli

Comments on institutions in Oregon able to operate a dispute resolution program.

467

Gordon

Comments that this program does not make decisions but provides assistance to organizations to make their own decisions.

481

Vice Chair Burdick

Testifies that the budget issue is what is driving this bill, and wonders how the University would fund this project.

505

Gordon

Responds that some money comes with the program. The structure of the university is offered plus the advantage of a pool of law school students.

TAPE 186, A

035

Gordon

Explains how 40 students a year are trained as mediators.  Emphasizes the resource of law students. 

050

Vice Chair Burdick

Asks about how much money could be saved.

057

Gordon

Replies on funded programs.

070

Sen. Walker

Wonders if we can adequately fund both elements of the program.

096

Gordon

Responds that she believes there are adequate funding possibilities.

097

Sen. Walker

Says she would like to hear from Portland State University on how they would do the program.

102

Taylor

Suggests that an amendment would be needed to deal with the number of full-time employees (FTE).

124

Greg Wolf

Portland State University (PSU). Testifies that the Hatfield School of Government could accommodate the dispute resolution program.

169

Vice Chair Burdick

Asks about dispute resolution at PSU. Asks about community level dispute resolution programs. 

173

Wolf

Replies that PSU would follow the committee’s direction.

207

Debbie Murdock

PSU.  Describes relationship of PSU and Lewis and Clark Law School. Describes dispute resolution program at PSU.

240

Sen. Ringo

Asks what a typical dispute might be that would be handled by the dispute resolution program.

246

Wolf

Describes disputes that are heard in the current public policy program. Describes community programs.

267

Chair Minnis

Asks if the Portland business community has an interest in the dispute resolution program.

273

Wolf

Says that the business community supports the community solutions team that has a dispute resolution element to them.

286

Sen. Walker

Asks about conflict of interest if this commission is housed in a public institution rather than a private institution.

292

Wolf

Says the best practices of dispute resolution are focused on neutrality.

323

Donna Silverberg

President, Oregon Mediation Association.  Submits testimony and testifies in support of dispute resolution programs (EXHIBIT E).  Suggests changes to the bill. 

435

Vice Chair Burdick

Asks for clarification of the proposed allocation of funds.

446

Silverberg

Explains the allocation.

TAPE 185, B

051

Taylor

Asks if there would be an advisory committee plus other committees as needed.

057

Silverberg

Says, yes.

058

Sen. Ringo

Asks which function of the dispute resolution is the more important.

062

Silverberg

Believes that funding the community program would be the first priority.

076

Sen. Ringo

Expresses concern that cutting too much out of the budget might result in an ineffective program.

085

Silverberg

Discusses how the program has functioned in the past with a small staff.

108

Vice Chair Burdick

Asks if Ms. Silverberg is familiar with mediation programs at Portland State and the University of Oregon.

110

Silverberg

Says she is familiar with all the programs in the state.

122

Sen. Walker

Asks about some potential amendments that were submitted to her by Mr. Niemeyer.

131

Silverberg

Explains that she was unable to look at those until late in the day.

141

Michael Niemeyer

Executive Director, Oregon Dispute Resolution Commission. Submits testimony and testifies in support of SB 904 (EXHIBIT F). Suggests changes to the -2 amendments.

242

Rich Burke

Willamette University. Testifies that Willamette has the oldest dispute resolution program on the coast.  Describes its program.

305

Chair Minnis

Comments that there are a lot of interested parties. Suggests how the committee might look at an interim solution working towards dispute resolution.

360

Sen. Walker

Comments that Dispute Resolution should not be abolished but suspended until a solution is found.

370

Sen. Ferrioli

Comments on the interest demonstrated by the institutions that emphasize the importance of this function.

406

Sen. Starr

Agrees that the program should be continued.

447

Chair Minnis

Asks for the interested parties to meet and come back to the committee by next Wednesday, July 9.

483

Chair Minnis

Closes the work session on SB 904 and adjourns meeting at 9:50 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 909, written testimony of Ron Manza submitted by Lana Butterfield, 1 p

B – HB 2783B, written testimony of Michael Buckley submitted by Sen. Minnis, 2 pp

C – SB 904, -1 amendments submitted by staff, 4 pp

D – SB 904, -2 amendments submitted by staff, 30 pp

E – SB 904, written testimony submitted by Donna Silverberg, 2 pp

F – SB 904, written testimony submitted by Mike Niemeyer, 3 pp