SENATE COMMITTEE ON JUDICIARY
March 8, 2005 Hearing Room 343
1:00 P.M. Tapes 58 - 59
Corrected 10/26/05
MEMBERS PRESENT: Sen. Ginny Burdick, Chair
Sen. Charles Starr, Vice-Chair
Sen. Roger Beyer
Sen. Floyd Prozanski
Sen. Vicki Walker
Sen. Doug Whitsett
MEMBER EXCUSED: Sen. Charlie Ringo
STAFF PRESENT: Joe O'Leary, Counsel
Dale Penn, Committee Assistant
MEASURES/ISSUES HEARD:
SB 641 – Public Hearing
SB 844 – Public Hearing
SB 246 – Public Hearing
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.
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TAPE/# |
Speaker |
Comments |
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TAPE 58, A |
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003 |
Chair Burdick |
Calls the meeting to order at 1:08 p.m. and opens a combined public hearing on SB 641 & SB 844. |
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SB 641 & SB 844 – PUBLIC HEARING |
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009 |
Joe O’Leary |
Counsel. Describes SB 641 relating to the creation of a crime for possessing dog fighting paraphernalia, and SB 844 relating to a penalty for a dog keeper who maintains a public nuisance by keeping a dog that bites a person. |
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031 |
Sen. Ryan Deckert |
Senate District 14. Submits testimony and testifies in support of SB 641 & SB 844 (EXHIBITS A & B). Addresses the story of Kathleen Imel, who saved a small child’s life from a pit bull that had a history of attacking people. |
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060 |
Sen. Deckert |
Advocates the creation of a registry with information on people who are breeding particular dog breeds that have a history of attacks. Expresses his desire for uniformity across the state for registering these dangerous breeds; outlines a method that would accomplish this goal. |
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100 |
Sen. Deckert |
Talks about his support for SB 844, and stresses the need for the passage of this legislation. |
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116 |
Chair Burdick |
Expresses the desire to hear from Kathleen Imel and commends Sen. Deckert in cooperating with others to come to a conclusion to SB 844. |
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126 |
Sen. Whitsett |
Asks why this is a state-wide problem as opposed to a local issue. |
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131 |
Sen. Deckert |
Responds that there is state-wide interest in this issue, and stresses that there is enough of a problem around the state to merit such legislation. Addresses the recent case of Qyntel Woods, a Portland Trailblazer basketball player accused of dog fighting. |
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160 |
Sen. Whitsett |
Inquires about other breeds of dogs to be placed in this registry besides pit bulls. |
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165 |
Sen. Deckert |
States that they are working with other groups to include other breeds of dogs; expresses acceptance of those types of amendments. |
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178 |
Chair Burdick |
Recounts a personal story of her near attack from a rottweiler. |
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193 |
Sen. Whitsett |
Expresses his displeasure with the “first bite” clause that forces a fine from an owner after the first attack from that animal. Explains that there are mitigating circumstances and many different reasons behind an attack. |
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217 |
Sen. Deckert |
Responds with the hope that Sen. Whitsett will join the work group. |
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233 |
Sen. Prozanski |
Addresses the problem of the “first bite” rule, and the issue of putting the dog down because of a single bite. Speaks about the drafting in the bill relating to this topic. |
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265 |
Sen. Deckert |
Reiterates his desire for a registry, and talks about an increase in the fine for not registering their animals under the bill. |
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277 |
Sen. Whitsett |
Asks if the liability risk is transferable between owners. |
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286 |
Sen. Deckert |
States his confusion over the current issue. |
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288 |
O’Leary |
Discusses the liability of an animal passed to another owner. |
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304 |
Sen. Prozanski |
Raises other issues with the liability over ownership of an animal. |
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317 |
Sen. Deckert |
Talks about the need for a crime for possessing dog fighting paraphernalia. |
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355 |
Chair Burdick |
Closes the combined public hearing on SB 641 and SB 844 and opens a public hearing on SB 844. |
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SB 844 – PUBLIC HEARING |
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375 |
Sharon M. Harmon |
Director, Oregon Humane Society. Submits testimony and testifies in reserved support of SB 844 (EXHIBIT C). Raises several problems that her organization has with SB 844. |
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425 |
Harmon |
Addresses the registry method discussed earlier. Expresses their desire for a microchip registry process. |
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460 |
Harmon |
Affirms that pit bulls are a growing problem, but stresses alternative methods than those discussed earlier. |
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TAPE 59, A |
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038 |
Chair Burdick |
Asks about the liability of owners. |
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041 |
Harmon |
Agrees that too often owners are at fault, and advises the analysis of the circumstances that led to an attack. |
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056 |
Kelly Peterson |
The Humane Society of the United States. Submits testimony and testifies in support of SB 844 (EXHIBIT D). |
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079 |
Marcia Keith |
Oregon Veterinary Medical Association. Submits testimony and testifies in conceptual support of SB 844 (EXHIBIT E). Stresses they cannot fully support the bill unless the wording is altered, although they do support the concept. Talks about the need for removal of breed-specific language. |
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119 |
Laura Ireland Moore |
The Animal Law Practice. Testifies in support of SB 844, and advocates the amending of SB 844 in relation to the breed-specific wording. Talks about her law practice never having to deal with bite cases from pit bulls. |
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153 |
Mike Oswald |
Director, Multnomah County Animal Services. Submits testimony and testifies in support of SB 844 (EXHIBIT F). Discusses the wide variations surrounding the circumstance involving dog bites. |
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200 |
Oswald |
Addresses recidivism dealing with dog attacks. Talks about a reasonable and commensurate penalty system for future hostile dog owners. |
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242 |
Sen. Whitsett |
Wonders if the bite wounds covered under the bill should be extended to include animal bite wounds as well. |
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248 |
Oswald |
Explains the ordinance relating to bite wounds and dog attacks. |
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276 |
Sen. Whitsett |
Rewords his earlier question. |
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287 |
Oswald |
Replies that he believes animals attacking other animals should also be included under the bill. |
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300 |
Chair Burdick |
Addresses the ordinances in place protecting livestock from animal attacks. |
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334 |
Mary Storm |
Yamhill County, National Animal Interest Alliance. Submits testimony and testifies in opposition to SB 844 (EXHIBIT G). Talks about the organizations that oppose breed-specific legislation. |
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359 |
Chair Burdick |
Inquires about the strict liability standard for owners. |
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361 |
Storm |
Replies that yes, owners should be held responsible. |
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371 |
Sen. Prozanski |
Asks about the registry discussed earlier. |
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375 |
Storm |
Raises the concern of funding and difficulty in implementing such a registry. |
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422 |
Karen Herrold |
Washington County. Submits testimony and testifies in opposition to SB 844 (EXHIBIT H). Addresses how breed-specific legislation does not work. |
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459 |
Herrold |
Brings up recent cases of other types of dogs attacking humans (both were smaller and regularly thought to be not hostile). |
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TAPE 58, B |
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028 |
Herrold |
Stresses that irresponsible people are the problems, not dog breeds. |
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039 |
Chair Burdick |
Inquires if she supports liability standards for owners. |
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038 |
Herrold |
Replies yes, she supports such methods. Emphasizes that most of the problems with dog attacks and irresponsible training techniques are individuals aligned with the criminal element. |
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077 |
Herrold |
Talks about the circumstances behind most dog attacks. |
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113 |
Glen Stonebrink |
Oregon Cattlemen’s Association. Addresses line 34 on page 4 of SB 844, and stresses that a dog chasing cars should not be delineated as a prerequisite for sterilization. |
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164 |
Kent Rohweder |
Animal Services Officer. Stresses that breed-specific legislation is not the method to pursue. Acknowledges the need for liability standards for owners. |
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206 |
Chair Burdick |
Closes the public hearing on SB 844 and opens a public hearing on SB 641. |
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SB 641 – PUBLIC HEARING |
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217 |
Sharon Harmon |
Oregon Humane Society. Submits testimony and testifies in support of SB 641 (EXHIBIT L). Addresses some possible conceptual amendments the Human Society advocates. |
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250 |
Harmon |
Discusses the term “fighting pits” used in SB 641 as a term of dog fighting paraphernalia. |
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271 |
Lieutenant Randy Covey |
Oregon Humane Society. Submits the Oregon Animal Cruelty Laws (EXHIBIT I). Addresses the current dog fighting law in Oregon statutes (Exhibit I). |
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308 |
Sen. Whitsett |
Discusses the terms in the bill on veterinarian medications being linked to dog fighting. |
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314 |
Covey |
Talks about the reason veterinarian medications were included in SB 641. |
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325 |
Sen. Whitsett |
Stresses the wording is way too broad, and needs to be amended. |
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335 |
Covey |
Agrees that the wording does need to be clarified. |
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345 |
Harmon |
Explains a possible method in addressing the issues raised concerning veterinarian medications and dog fighting paraphernalia. |
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367 |
Joe O’Leary |
Counsel. Points out that intent is needed before law enforcement can convict a person for having certain pieces of dog fighting paraphernalia. |
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414 |
Marcia Keith |
Oregon Veterinary Medical Association. Submits testimony and testifies in support of SB 641 (EXHIBIT J). |
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442 |
Dave Paul |
Clackamas County Deputy District Attorney, Oregon District Attorneys Association. Testifies in support for SB 641. Addresses the earlier issue of veterinarian medications and paraphernalia, and stresses the presence of intent within the drafting protects individuals from owning random pieces of paraphernalia. |
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TAPE 59, B |
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032 |
Mike Oswald |
Director, Multnomah County Animal Services. Submits Testimony and testifies in support of SB 641 (EXHIBIT K). |
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050 |
Karen Herrold |
Washington County. Testifies in a neutral stance on SB 641. |
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065 |
Chair Burdick |
Closes the public hearing on SB 641 and opens a public hearing on SB 246. |
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SB 246 – PUBLIC HEARING |
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075 |
Joe O’Leary |
Counsel. Describes SB 246 relating to public or private officials reporting suspected animal abuse. |
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083 |
Sen. Whitsett |
Asks for a better definition of “maliciously killing an animal.” |
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089 |
Joe O’Leary |
Describes the statutory definition relating to the term “maliciously killing an animal.” |
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123 |
Lieutenant Randy Covey |
Oregon Humane Society. Discusses the Animal Cruelty Laws (Exhibit I). Testifies in support of SB 246. |
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149 |
Chair Burdick |
Inquires about animal abuse. |
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152 |
Covey |
Responds with information on animal abuse. |
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158 |
Sen. Starr |
Asks about individuals putting down their animals under circumstances of illness, etc. |
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173 |
Covey |
Replies that the law depends on the method of euthanasia. |
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193 |
Sen. Prozanski |
Inquires about the possibility of breaching certain confidentiality rights, and what responsibilities officers and other public officials must observe. |
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226 |
Covey |
Addresses the concern raised by Sen. Prozanski. |
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239 |
Sen. Prozanski |
States that most people who would fall under this bill have no idea what aggravated animal abuse might be. |
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248 |
Chair Burdick |
Discusses a recent article on this subject. |
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264 |
Sen. Prozanski |
Declares his support for the concept behind SB 246. |
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271 |
Chair Burdick |
Brings up the issue of reporting. |
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278 |
Kelly Peterson |
The Humane Society of the United States. Submits research on cross reporting and testifies in support of SB 246 (EXHIBIT M). |
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298 |
Kevin Neely |
Executive Assistant, Attorney General’s Office. Submits a packet from American Humane Society and testifies in support of SB 246 (EXHIBIT N). |
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324 |
Chair Burdick |
Closes the public hearing on SB 246 and adjourns the meeting at 2:55 p.m. |
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EXHIBIT SUMMARY