SENATE COMMITTEE ON JUDICIARY

 

 

February 02, 2005                                                                                               Hearing Room 343

1:00 p.m.                                                                                                                       Tapes 21 - 23

 

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Charles Starr, Vice-Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Charlie Ringo

Sen. Vicki Walker

 

MEMBER EXCUSED:          Sen. Doug Whitsett

 

STAFF PRESENT:                 Joe O'Leary, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD & WITNESSES:

                                                SB 215 Public Hearing and Work Session

                                                            Frederick M. Boss – Oregon Department of Justice

                                                            Andrew Aubertine – Aubertine Law Firm

                                                            Jim Gardner – Microsoft Corporation

                                                SB 217 Public Hearing

Ronelle Shankle – Department of Justice                            

Phyllis Barkhurst – Department of Justice

                                                SB 218 Public Hearing

                                                            Ronelle Shankle – Department of Justice

                                                            Tom Castle – Department of Justice

Mary Botkin – American Federation of State, County, and    Municipal Employees

Senator Frank Morse – Senate District 8

                                                SB 251 & 252 Public Hearing

Senator Frank Morse – Senate District 8

Liss Hart-Haviv – Take Root

Sean Cruz

Ronelle Shankle – Department of Justice

Mickey Lansing - Oregon Commission on Children and Families

Kelly Skye – Oregon Criminal Defense Lawyers Association

                                                            Andrea Meyer - American Civil Liberties Union

 

 

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 21, A

004

Chair Burdick

Calls meeting to order at 1:09 p.m.  Opens public hearing on SB 215.

SB 215 PUBLIC HEARING

008

William E. Taylor

Committee Counsel.  Describes SB 215, relating to antitrust class lawsuits.

015

Frederick M. Boss

Chief Counsel, Civil Enforcement Division, Oregon Department of Justice.  Testifies in support of SB 215 (EXHIBIT A).

031

Andrew Aubertine

Aubertine Law Firm.  Testifies in support of SB 215.  Discusses recent Oregon history of class action matters in antitrust lawsuits and settlements.  Explains what SB 215 does and does not alter in Oregon law. 

080

Aubertine

Indicates the extension of the Attorney General’s powers of settlement under this bill. Addresses that other states have this type of policy.

102

Sen. Walker

Wonders if the Attorney General charges the members of the class action lawsuit for the assessment of the settlement.

105

Aubertine

Replies that the Attorney General (AG) does not receive payment for their services.

111

Sen. Walker

Asks if the AG gets 50 percent of all punitive damages.

113

Aubertine

Explains the AG’s return in lawsuits, focusing on the damages in class action cases.

122

Sen. Walker

Inquires if this is a consumer action by the AG for the public.

125

Aubertine

Answers yes.

129

Sen. Ringo

Wonders why this applies only to class action lawsuits.

132

Aubertine

Responds with information on antitrust law and its relation to SB 215.

142

Sen. Ringo

Inquires about other states consumer protection laws.

145

Aubertine

Replies that yes, other states do have these types of laws, but he does not have the actual data.

150

Sen. Ringo

States that he believed it was the province of the court that made the decision of whether the settlement was fair or not.

160

Aubertine

Advocates that SB 215 does not alter that final assessment, and instead gives the Attorney General the opportunity to lighten their course-load.

177

Sen. Ringo

Wonders about the number of hours to be used up by the Attorney General to mediate the class action lawsuits.

180

Aubertine

Responds that SB 215 has no fiscal impact, and it could be worked into the budget easily.

190

Sen. Prozanski

Asks why this bill didn’t make it out of the 2003 Legislature.

197

Aubertine

Speaks about how many good ideas didn’t get the attention they needed in the 2003 Legislature.

207

Jim Gardner

Microsoft Corporation.  Declares his support for SB 215 and why the Attorney General should insert themselves into the process.

228

Chair Burdick

Closes public hearing on SB 215.  Opens work session on SB 215.

SB 215 WORK SESSION

236

Sen. Starr

MOTION:  Moves SB 215 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Whitsett

242

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

245

Chair Burdick

Closes Work Session on SB 215 and opens a public hearing on SB 217.

SB 217 PUBLIC HEARING

249

William E. Taylor

Counsel.  Describes SB 217, relating to definitions of “deviate sexual intercourse.”

267

Ronelle Shankle

Policy Project and Legislative Coordinator, Attorney General’s Office, Department of Justice.  Testifies in support of SB 217 (EXHIBIT B & C).

287

Phyllis Barkhurst

Attorney General’s Sexual Assault Task Force.  Testifies in support of SB 217, focusing on the confusing language in current law.

300

Shankle

Discusses certain amendments (Exhibit C) required for SB 217.

325

Chair Burdick

Closes public hearing on SB 217.  Opens public hearing on SB 218.

SB 218 PUBLIC HEARING

332

William E. Taylor

Counsel.  Describes SB 218, relating to a public servant or employer seeking a court order against harassment by other individuals.

345

Ronelle Shankle

Policy Project and Legislative Coordinator, Attorney General’s Office, Department of Justice.  Testifies in support of SB 218, and talks about past forms of this bill as well as possible amendments.

365

Tom Castle

Assistant Attorney General, Department of Justice.  Declares support for SB 218, and the amendments relating to the term, “public servant.”  Details the reasoning behind the need for SB 218; the harm some public servants face while on their jobs.

429

Sen. Prozanski

Asks why this didn’t make it out of last year’s session.

434

Mary Botkin

American Federation of State, County, and Municipal Employees.  Responds that there was a constitutional conflict.

445

Castle

Discusses other problems faced by state workers, and how SB 218 will assist them.

TAPE 22, A

016

Taylor

Inquires if the bill would apply to legislators.

020

Castle

Responds that the amendment would include elected or appointed officials.

026

Botkin

Testifies in support of SB 218.  Highlights the reasoning for passing this bill.

059

Chair Burdick

Closes public hearing on SB 218.  Opens a public hearing on SB 251 and SB 252.

SB 251 & SB 252 – PUBLIC HEARING

063

William E. Taylor

Counsel.  Describes SB 251, relating to statute of limitations for custodial interference in any degree.

073

Sen. Frank Morse

Senate District 8.  Testifies in support of SB 251.  Discusses his history with custodial interference, and how SB 251 & SB 252 can bring relief to this issue.

100

Morse

Explains the repercussions for individuals suffering from custodial interference if SB 251 & SB 252 passed.

119

Sen. Prozanski

Wonders about custodial interference cases where the child is 18, and if the statute of limitations is still 24 years.

128

Taylor

Clarifies the statute of limitations rule in regards to custodial interference.

151

Sen. Prozanski

Inquires about the confusing statute of limitations.

170

Taylor

Replies with clarification on the statute of limitations.

198

Liss Hart–Haviv

Executive Director, Take Root.  Provides written testimony in support of SB 251 and 252 (EXHIBIT D).  Argues that Oregon needs tougher standards to prevent abduction. 

265

Hart-Haviv

Describes the lack of focus on the child, but rather the parents.  Expresses the horrible nature of being abducted, no matter if by a stranger or a parent.

324

Hart-Haviv

Explains that when abduction is prosecuted, it is categorized as “custodial interference,” and talks about how little this compares to the horror of being taken.

367

Hart-Haviv

Gives statistics and comments on cases involving abductions.

430

Staff

Video on abduction begins.

TAPE 21, B

066

Staff

Video continues.

100

Staff

Video continues.

150

Staff

Video continues.

170

Hart-Haviv

Replies to earlier statements concerning the statute of limitations.

185

Sean Cruz

Legislative Aide to Sen. Gordly.  Reads testimonies in support of SB 251 (EXHIBIT E).

235

Cruz

Continues reading testimony (Exhibit E).

285

Cruz

Continues reading testimony (Exhibit E).

335

Cruz

Continues reading testimony (Exhibit E).

385

Cruz

Continues reading testimony (Exhibit E).

435

Cruz

Continues reading testimony (Exhibit E).

485

Cruz

Continues reading testimony (Exhibit E).

TAPE 22, B

50

Cruz

Continues reading testimony (Exhibit E).

100

Cruz

Continues reading testimony (Exhibit E).

170

Ronelle Shankle

Policy Project and Legislative Coordinator, Attorney General’s Office, Department of Justice.  Testifies in support of SB 251 and 252 and proposes amendments to SB 252 (EXHIBIT F).

195

Mickey Lansing

Executive Director, Oregon Commission on Children and Families.  Testifies in support of SB 251.  Talks about the shortcomings in the justice system in regards to abduction.  Expresses the desire to bring out-of-state leaders on this issue to Oregon to assist the creation of support policy for victims.

250

Sen. Ringo

Offers commendation to Sean Cruz for his testimony.  Asks about friendly relationships between spouses regarding the guardianship of children causing problems in court cases.

279

Shankle

Replies she doesn’t exactly know the figures for an answer.

285

Taylor

Reads the bill and expresses that the story told by Sen. Ringo wouldn’t factor into the bill.

299

Sen. Ringo

Reiterates the desire not to alter anything that would have negative ramifications down the road.

313

Taylor

States that the bill addresses the scenario that Sen. Ringo has brought up.

334

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Discusses opposition to SB 251, concerning the statute of limitations.  Brings up concerns with the bill solving the problems being addressed here.

370

Sen. Ringo

Inquires about the statute of limitations after the child has turned 18.

375

Skye

Addresses the concern raised about the statute of limitations.

408

Chair Burdick

Wonders about the statute of limitations when the child was younger and again later at another age.

413

Skye

Responds and discusses ongoing custodial interference.

425

Taylor

Comments on how SB 251 would increase the statute of limitations in certain situations.

440

Chair Burdick

Asks about the current statute in comparison to the new policy under SB 251.

450

Taylor

Offers clarification on the complexity of the current law and SB 251.

475

Skye

Brings up and discusses the topic of mandatory reporter.

TAPE 23, A

030

Andrea Meyer

American Civil Liberties Union.  Expresses support for SB 251.

041

Chair Burdick

Closes public hearing on SB 251 and SB 252.

042

Chair Burdick

Adjourns meeting at 2:29 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 215, written testimony, Frederick M. Boss, 5 pp
  2. SB 217, written testimony, Ronelle Shankle, 2 pp
  3. SB 217, proposed amendment, Ronelle Shankle, 4 pp
  4. SB 251, written testimony, Liss Hart-Haviv, 3 pp
  5. SB 251, written testimony, Sean Cruz, 8 pp
  6. SB 252, proposed amendment, Ronelle Shankle, 2 pp