SENATE COMMITTEE ON JUDICIARY

 

 

August 25, 2003                                                                                                  Hearing Room 343

1:00 p.m.                                                                                                                  Tapes  203 - 204

 

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 2308A Work Session

                                                HB 2498A Work Session

HB 3520A Work Session

                                                HB 2080A 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 203, A

007

Chair Minnis

Calls the meeting to order at 1:26 p.m. Recesses the meeting at 1:27 p.m. Re-opens the meeting at 2:15 p.m. Opens a work session on HB 2308A.

HB 2308A WORK SESSION

011

Craig Prins

Committee Counsel. Introduces HB 2308A which modifies allowable costs for providing copies of protected health information or explanation or summary of protected health information. Discusses A6 amendments (EXHIBIT A).

025

Sen. Ringo

Asks about changes in language of the bill.

031

Paul Cosgrove

Lobbyist. Answers that the change is a grammatical clarification.

041

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 2308A-6 amendments dated 08/25/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Starr

042

Chair Minnis

Hearing no objection, declares the motion CARRIED.

044

Vice Chair Burdick

MOTION:  Moves HB 2308A to the floor with a DO PASS AS AMENDED recommendation.

047

 

VOTE:  5-0-1

EXCUSED:  1 – Starr

 

048

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

049

Chair Minnis

Closes the work session on HB 2308A and opens a work session on HB 2498A.

HB 2498A WORK SESSION

051

Craig Prins

Committee Counsel. Introduces HB 2498A which sets rate of interest on judgments at nine percent per annum or at weekly average one-year constant maturity Treasury yield for the week preceding date of entry of judgment. Discusses the A9 amendments (EXHIBIT B).

059

Sen. Ringo

MOTION:  Moves to ADOPT HB 2498-A9 amendments dated 08/18/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Starr

061

Chair Minnis

Hearing no objection, declares the motion CARRIED.

062

Sen. Ringo

MOTION:  Moves HB 2498A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Starr

064

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

065

Chair Minnis

Closes the work session on HB 2498A and opens a work session on HB 3520A.

HB 3520A WORK SESSION

068

Craig Prins

Committee Counsel. Introduces HB 3520A which allows court to offer educational or remedial program to person who violates safety belt law. Discusses A3 and A4 amendments (EXHIBITS C & D).

076

Representative Floyd Prozanski

House District 8. Testifies in support of the A3 amendments. Discusses the A3 amendments.

112

Sen. Ferrioli

Asks if any person that has been cited has appealed their conviction to a higher court.

117

Rep. Prozanski

Says that he knows of two attorneys that are handling cases currently.

140

Sen. Ferrioli

Asks Rep. Prozanski if the Coburg police that are writing these citations are not currently following the law.

143

Rep. Prozanski

Explains that what they have the right to do as a sworn police officer in the state of Oregon is to enforce the laws, but they need to put it in the appropriate court.

159

Sen. Ferrioli

Asks if the City of Coburg has the authority to cite people.

161

Rep. Prozanski

Answers that they have the right to cite people, but they also have the duty to put that into the appropriate court and they are not doing that.

169

Sen. Ferrioli

Asks if Rep. Prozanski is convinced that this bill will stop this problem.

173

Rep. Prozanski

Answers, yes.

188

Christy Monson

League of Oregon Cities. Testifies in opposition to the A3 amendments.

239

Sen. Ferrioli

Asks Ms. Monson if Coburg is operating a speed trap on I-5.

241

Monson

Says that she is not able to answer that.

243

Sen. Ferrioli

Explains that he believes that Coburg is operating a speed trap on I-5.

276

Prins

Discusses the hand-engrossed A3 amendments (EXHIBIT E).

288

Vice Chair Burdick

Asks Rep. Prozanski if the initial bill has not gone into effect.

295

Rep. Prozanski

Answers, no. Explains bill.

303

Vice Chair Burdick

Asks if they are keeping the fines local.

308

Rep. Prozanski

Answers, yes. Explains that they are going out and raising revenue outside of their city.

326

Vice Chair Burdick

States that she is concerned about people speeding in that area and the Coburg police would not be able to do anything about it.

333

Rep. Prozanski

Explains that this bill is limited to very small police departments.

345

Vice Chair Burdick

Says that she is concerned about the broad brush of this bill.

355

Rep. Prozanski

Explains that Coburg can get assistance for this problem.

382

Chair Minnis

Recesses the committee at 2:40 p.m. until 5:00 p.m.

384

Chair Minnis

Reconvenes the committee at 5:12 p.m. Re-opens the work session on HB 3520A.

HB 3520A WORK SESSION

396

Susan Schneider

City of Portland. Testifies in support of the A6 amendments to HB 3520A which allows court to offer educational or remedial program to person who violates safety belt law (EXHIBIT F).

412

Doug Bray

Trial Court Administrator for Multnomah County. Testifies on HB 3520A.

TAPE 204, A

001

Bray

Continues his testimony on HB 3520A.

011

Sen. Walker

Asks if the City of Portland makes money on the photo radar program.

016

Schneider

Answers that they lose money.

018

Mark Leer

City of Portland, Office of Transportation. Explains why Portland loses money from their automated enforcement programs.

027

Sen. Walker

Asks if they pay a significant amount to their vendor.

034

Leer

Answers that they pay the vendor $24.00 - $25.00 per citation.

044

Sen. Walker

Asks if they would do better with police rather than photo radar.

058

Leer

Answers that they get requests for their photo radar services. Explains that automated enforcement for its presence has been more efficient than using officers in Portland.

058

Sen. Walker

Asks if their proposal is to issue more citations.

060

Leer

Answers, not exactly, and explains.

078

Chair Minnis

Closes the work session on HB 3520A. Opens a work session on HB 2080A.

 

 

HB 2080A WORK SESSION

088

Sen. Ringo

MOTION:  Moves HB 2080A to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Burdick, Ferrioli

089

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. MINNIS will lead discussion on the floor.

091

Chair Minnis

Closes the work session on HB 2080A and opens a work session on HB 3520A.

HB 3520A WORK SESSION

094

Representative Floyd Prozanski

House District 8. Testifies on HB 3520A which allows court to offer education or remedial program to person who violates safety belt law. Discusses the A5 amendments (EXHIBIT G).

105

Chair Minnis

Asks if Rep. Prozanski had two other pieces of legislation that went through to deal with the Coburg issue.

107

Rep. Prozanski

Answers that is correct.

108

Chair Minnis

Wants to know why he needs this bill.

109

Rep. Prozanski

Explains that there is a period of time between now and the effective dates of those bills and this bill takes care of that. Explains the differences in the bills.

124

Chair Minnis

Asks if the only difference between this bill and the others is the implementation date.

125

Rep. Prozanski

Explains the differences.

159

Chair Minnis

Asks what the implementation dates are for the other two bills.

160

Rep. Prozanski

Says, January, and he is not sure what the other date is.

167

Chair Minnis

Asks if he is suggesting having this language and then sunsetting it.

169

Rep. Prozanski

Says that is fine with him.

179

Chair Minnis

Talks about the A6 amendments (Exhibit F).

188

Sen. Starr

MOTION:  Moves to ADOPT HB 3520A-6 amendments dated 08/25/03.

 

 

VOTE:  4-1-1

AYE:               4 - Ferrioli, Ringo, Starr C., Minnis

NAY:               1 - Walker

EXCUSED:     1 - Burdick

190

Chair Minnis

The motion CARRIES.

191

Chair Minnis

Talks about amending the A5 amendments and adding a sunset clause.

220

Chair Minnis

Recesses the meeting at 5:30 p.m. until 7:45 p.m.

221

Chair Minnis

Reconvenes the meeting at 7:55 p.m.

233

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 3520A-7 amendments (EXHIBIT H) dated 08/25/03.

234

Sen. Walker

Supports amendments, but not the bill.

235

 

VOTE:  5-0-1

EXCUSED:  1 - Ferrioli

236

Chair Minnis

Hearing no objection, declares the motion CARRIED.

239

Vice Chair Burdick

MOTION:  Moves HB 3520A to the floor with a DO PASS AS AMENDED recommendation.

242

Vice Chair Burdick

VOTE:  4-1-1

AYE:               4 - Burdick, Ringo, Starr C., Minnis

NAY:               1 - Walker

EXCUSED:     1 - Ferrioli

248

Chair Minnis

The motion CARRIES.

SEN MINNIS will lead discussion on the floor.

250

Chair Minnis

Closes work session on HB 3520A and opens a work session on HB 2308A.

HB 2308A WORK SESSION

253

Chair Minnis

Discusses HB 2308A which modifies allowable costs for providing copies of protected health information or explanation or summary of protected health information. Speaks about non-concurrence.

262

Sen. Walker

Asks about issue of non-concurrence.

264

Chair Minnis

Informs the committee of the problems he is aware of. Asks committee what they want to do with the bill.

271

Sen. Walker

Explains why they exempted the Oregon Health and Sciences University (OHSU) from copying charges.

281

Vice Chair Burdick

Speaks to the value of exempting OHSU.

290

Chair Minnis

Asks if they want to allow the bill to continue.

292

Vice Chair Burdick

Says it is a good bill.

293

Chair Minnis

Clarifies allowing the bill to continue as is.

294

Sen. Walker

Describes activity that has already occurred on this legislation.

303

Vice Chair Burdick

Explains why OHSU should be exempt.

321

Sen. Ringo

States his concerns and says he would be glad to work on this until the next legislative session to get a fair fee schedule.

343

Chair Minnis

Closes the work session on HB 2308A and adjourns the meeting at 8:04 p.m.

 

EXHIBIT SUMMARY

 

A – HB 2308A, -6 amendments, submitted by staff, dated 8/25/03, 1 pg.

B – HB 2498A, -9 amendments, submitted by staff, dated 8/18/03, 3 pgs.

C – HB 3520A, -3 amendments, submitted by staff, dated 8/23/03, 1 pg.

D – HB 3520A, -4 amendments, submitted by staff, dated 8/23/03, 2 pgs.

E – HB 3520A, hand-engrossed -3 amendments, submitted by staff, dated 8/23/03, 1 pg.

F – HB 3520A, -6 amendments, submitted by staff, dated 8/25/03, 2 pgs.

G – HB 3520A, -5 amendments, submitted by staff, dated 8/25/03, 1 pg.

H – HB 3520A, -7 amendments, submitted by staff, dated 8/25/03, 1 pg.