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 speakers 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.