SENATE COMMITTEE ON JUDICIARY

 

 

August 20, 2003                                                                                                  Hearing Room 357

8:30 a.m.                                                                                                                   Tapes 199 - 200

 

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

Ann Martin, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           HB 2278B Work Session

                                                HB 2498A Work Session

                                                HB 3544A Work Session

                                                SB 946 Public Hearing and Work Session

                                                SB 737 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 199, A

003

Chair Minnis

Calls the meeting to order at 8:46 a.m. Opens a work session on HB 2278B.

HB 2278B WORK SESSION

010

Steve Madden

City of Portland. Testifies on HB 2278B which provides consistent terminology for public bodies in laws relating to districts.

026

Sen. Ferrioli

Discusses the alternatives that were discussed.

040

Terry McCall

City of Gresham. Testifies on HB 2278B.  Explains that he believes the cities involved will accept the alternative decided on.

050

Dave Heynderickx

Senior Deputy Legislative Counsel. Talks about how long it would take to draft amendment.

063

Sen. Ferrioli

Comments on time frame to complete work on the bill.

075

Chair Minnis

Says they will come back at 5:00 to finish discussion on this bill.

089

Paul Snider

League of Oregon Cities. Testifies on HB 2278B.  Says he needs more information before making a decision on support of this legislation.

103

Sen. Ferrioli

Addresses the work group’s discussion of the bill.


 

125

Sen. Walker

Asserts that Public Employee’s Retirement System (PERS) has culpability, but no money.

133

Snider

Asserts that there must be a balance.

140

Chair Minnis

Closes the work session on HB 2278B and opens a work session on HB 2498A.

HB 2498A WORK SESSION

163

Sen. Ringo

Comments on the problems with HB 2498A which sets rate of interest on judgments.  Introduces the –A8 amendments which would set one rate of interest (EXHIBIT A).

198

Craig Prins

Committee Counsel. Discusses the –A9 amendments (EXHIBIT B).

208

Chair Minnis

Closes the work session on HB 2498A and recesses the meeting at 9:01 a.m. until 5:00 p.m. today.

216

Chair Minnis

Reconvenes the committee at 5:10 p.m.  Opens a work session on HB 2278.

HB 2278B WORK SESSION

225

Dave Heynderickx

Legislative Counsel.  Explains the –B16 amendments to HB 2278 that provides consistent terminology for public bodies in laws relating to districts (EXHIBIT C).

298

Sen. Ringo

Asks for the percentage attributed to Fire District #10 employees.

303

Heynderickx

Responds 78 percent.  Continues his discussion of the –B16 amendments.

332

Sen. Walker

Asks about the liability if Fire District #10 merges or dissolves itself.

338

Heynderickx

Responds on the effect of a merger.  Continues discussion of the -B16        amendments.

371

Chair Minnis

States that he thought Portland was going to pay four times the percentage.

376

Heynderickx

Explains the figures that were decided upon.

390

Sen. Ferrioli

Confirms the figures.

402

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 2278-B16 amendments dated 8/20/03.

 

 

VOTE:  6-0

411

Chair Minnis

Hearing no objection, declares the motion CARRIED.

414

Chair Minnis

Asks if there are other amendments on this bill that have been adopted.

415

Craig Prins

Committee Counsel.  Says the –A6 and –A12 amendments were previously adopted.

424

Prins

Clarifies that the unit captions that are in the –A6 amendments appear in the –B16 amendments.

455

Vice Chair Burdick

MOTION:  Moves to DELETE the -A6 amendments as previously adopted.

 

 

VOTE:  6-0

457

Chair Minnis

Hearing no objection, declares the motion CARRIED.


 

463

Vice Chair Burdick

MOTION:  Moves HB 2278B to the floor with a DO PASS AS AMENDED recommendation.

471

Sen. Ringo

Thanks Wendy Johnson of the Oregon Law Commission.

478

Sen. Ferrioli

Thanks Dave Heynderickx of Legislative Counsel for his help.

492

 

VOTE:  6-0

494

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI AND SEN. WALKER will lead discussion on the floor.

500

Chair Minnis

Closes the work session on HB 2278B and opens a work session on HB 3544A.

TAPE 200, A

HB 3544A WORK SESSION

028

Craig Prins

Committee Counsel.  Explains HB 3544A which modifies limitations on penalty wages for failure to pay wages on termination.   Introduces

-A13 amendments which supercede all previously adopted amendments (EXHIBIT D).  Mentions letters received addressing HB 3544 (EXHIBIT E).

059

Sen. Ringo

Thanks Legislative Counsel for their work.

062

Vice Chair Burdick

MOTION:  Moves to DELETE the –A2, -A3, -A6 and –A9 amendments and ADOPT HB 3544-A13 amendments dated 8/20/03.

 

 

VOTE:  6-0

069

Chair Minnis

Hearing no objection, declares the motion CARRIED.

072

Vice Chair Burdick

MOTION:  Moves HB 3544A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

075

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

084

Chair Minnis

Closes work session on HB 3544A and opens a public hearing on SB 946.

SB 946 PUBLIC HEARING

086

Craig Prins

Committee Counsel.  Introduces SB 946 which removes certain restrictions on provisional driver’s license if parent or stepparent of holder of provisional driver’s license is in vehicle.

114

Sen. Walker

Wonders why the exception is limited to parent or stepparent rather than include grandparent.

118

Chair Minnis

Says Sen. Westlund is not present to address that issue.

123

Vice Chair Burdick

Expresses her desire to move the bill out of committee.

129

Chair Minnis

Closes the public hearing on SB 946 and opens a work session.

SB 946 WORK SESSION

134

Vice Chair Burdick

MOTION:  Moves SB 946 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

136

Chair Minnis

Hearing no objection, declares the motion CARRIED. 

Sen. Westlund to carry the bill on the floor.

150

Sen. Ferrioli

Thanks Mark Ellsworth for all his hard work on HB 2278B.

156

Chair Minnis

Closes the work session on SB 946 and opens a work session on SB 737.

SB 737 WORK SESSION

162

Chair Minnis

Explains SB 737 that modifies provisions relating to sex offender registration and reporting.

175

Lt. Bob Sundstrum

Oregon State Police.  Introduces Dan Malin, Manager, Sex Offender Registration Unit.

178

Dan Malin

Oregon State Police.  Testifies in support of SB 737.

214

Vice Chair Burdick

Asks for clarification on narrowing the bill.

217

Malin

Explains that by narrowing the bill it would still meet the requirements of the Federal Department of Justice.

222

Sen. Ringo

Asks if there is a fiscal impact.

224

Malin

Discusses the fiscal impact that could be caused by this legislation.

243

Sen. Ringo

Asks if that would include 800-1000 registrations per year?

245

Malin

Replies, yes.

249

Sen. Ringo

Asks how a person could be removed from the sex offender registration.

252

Malin

Explains the petition process to have their name removed.

259

Sen. Ringo

Asks if it is limited to a “window of opportunity.”

260

Malin

Says, no.  Explains that anytime after 10 years, there is no closure to that window.

268

Sen. Ringo

Asks what percentage of registered sex offenders are predatory.

271

Malin

Says there are about 400 in the state.

276

Sen. Ringo

Asks for the total number of registered sex offenders.

285

Malin

Says there are10,600 registered sex offenders in the state.

288

Sen. Ringo

Questions the validity of this legislation.

300

Sen. Ferrioli

Responds the burden is on the offender to register so it shouldn’t create a great deal of burden for agencies.

316

Chair Minnis

Explains how the bill eliminates current confusion.

320

Malin

Agrees.

326

Sen. Walker

Discusses previous testimony in opposition to the bill.

346

Sen. Ferrioli

Says this bill would meet federal requirements.

353

Vice Chair Burdick

MOTION:  Moves SB 737 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-1

AYE:               5 - Burdick, Ferrioli, Starr C., Walker, Minnis

NAY:               1 – Ringo


 

359

Chair Minnis

The motion CARRIES.

SEN. MINNIS will lead discussion on the floor.

361

Chair Minnis

Closes the work session on SB 737 and adjourns the meeting at 5:45 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2498A, -A8 amendments dated 8/18/03 submitted by staff, 4 pp

B – HB 2498A, -A9 amendments dated 8/18/03 submitted by staff, 3 pp

C – HB 2278B, -B16 amendments dated 8/20/03 submitted by staff, 8 pp

D – HB 3544A, -A13 amendments dated 8/20/03 submitted by staff, 17 pp

E – HB 3544A, written testimony from the Bureau of Labor and Industry, submitted by staff, 7 pp