SENATE COMMITTEE ON JUDICIARY

 

 

April 05, 2005                                                                                                      Hearing Room 343

1:00 P.M.                                                                                                                      Tapes 94 - 95

Corrected 10/26/05

 

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Charles Starr, Vice-Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Charlie Ringo

Sen. Vicki Walker

Sen. Doug Whitsett

 

STAFF PRESENT:                 William E. Taylor, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD:        

SB 948 – Public Hearing

SB 953 – Public Hearing and Work Session

SB 113 – Work Session

SB 114 – Public Hearing and Work Session

SB 368 – Public Hearing

SB 940 – 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.

 

TAPE/#

Speaker

Comments

TAPE 94, A

003

Chair Burdick

Calls the meeting to order at 1:17 p.m. and opens a public hearing on SB 948.

SB 948 – PUBLIC HEARING

005

William E. Taylor

Counsel.  Describes SB 948 relating to directing the courts to suspend driving privileges and the right to apply for driving privileges for a period not to exceed one year if the person provides alcoholic liquor to persons under the age of 21 years in violation of the law.

015

Rob Douglas

DIAGEO.  Testifies in support of SB 948.  Discusses the statistics on Oregon’s under age alcohol consumption.

043

Chair Burdick

Inquires about an amendment that would allow consumption of alcohol for religious purposes.

049

Douglas

Replies that they would support such an amendment.

052

Sen. Ringo

Asks why there is not a more lenient bill, especially for first time offenders.

060

Douglas

Responds that this bill will have a positive effect on reducing underage alcohol consumption.

070

Sen. Beyer

Wonders about a scenario involving a homeowner who does not actively engage or witness the illegal consumption of alcohol and who does nothing to actively stop the drinking of alcohol: Will they be held liable.

081

Douglas

Replies that they would most likely have to be physically present in order to be held liable.

093

Sen. Ringo

Asks about a person who purchases alcohol but does not remain to be present at the underage consumption of alcohol.

105

Douglas

States that they would be liable if other children besides their own were involved.

110

Chair Burdick

Attempts to clarify the issue.

120

Bernie Giusto

Multnomah County Sheriff.  Testifies on the issue of underage consumption of alcohol.  Recounts his own history with underage drinking in college. 

161

Giusto

Stresses that the jail is full of people that will recount that their history of drug addiction began with underage alcohol consumption.  Testifies in support of SB 948.

187

Sen. Ringo

Inquires about provisional licenses being allowed to offenders.

190

Giusto

States that he believes they would be allowed.

193

Chris Gibson

Deputy Chief of Police, Beaverton Police Department.  Testifies in support of SB 948.  Discusses current law that faces individuals who decide to provide alcohol to minors.

247

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Testifies in opposition to SB 948.  States their hesitance to support a bill that would punish an individual with something that has nothing to do with the crime (driving license and alcohol consumption have little in common in this regard).

282

Steve Lanning

Oregon American Federation of Labor - Congress of Industrial Organizations.  Testifies in opposition to SB 948.  Discusses the proposed amendments.

302

Sen. Beyer

Brings up the issue of “knowingly” making a sell to minors.

307

Chair Burdick

Clarifies the issue, and discusses the “knowingly” clause within the bill.

326

Sen. Beyer

Inquires about the clause.

327

Chair Burdick

Offers clarification on the drafting of the bill.

343

Andi Jordan

Oregon Parent Teacher Association.  Testifies in support of SB 948.

357

Otto Schell

Oregon Parent Teacher Association.  Testifies in support of SB 948.  Talks about the repercussions of underage drinking.

403

Sen. Ringo

Stresses his worries about people driving without their license, and how this could turn into a spiral of crime.

423

Schell

Addresses the concerns from Sen. Ringo.  Talks about driving as social mobility and more than just transportation for those who the bill would affect.

454

Paul Cosgrove

Distilled Spirits Council of the United States.  Testifies in support of SB 948 and the possible amendments.  Discusses the fear of losing your driving privileges as a good deterrent in committing an illegal action.

TAPE 95, A

022

Chair Burdick

Closes the public hearing on SB 948 and opens a public hearing on SB 953.

SB 953 – PUBLIC HEARING

024

William E. Taylor

Counsel.  Describes SB 953 relating to modifying the exemption from public records disclosure of information about persons who donate money or property to Oregon Health and Science University so that the exemption is the same as the exemption for persons who donate money or property to the Oregon University System.

031

Bryan Boehringer

Oregon Health and Science University.  Submits testimony and testifies in support of SB 953 (EXHIBIT A). 

058

Sen. Walker

Stresses that she does not like exemptions to the public records law.  Asks about the public records law in relation to the university system.

067

Boehringer

Replies with information on the university system’s relationship with the public record law.  Talks about the budget problems facing the university system, and how this removes a barrier from private donations.

083

Sen. Walker

Agrees with the earlier statement of the bill removing a possible barrier from private donations.

090

Taylor

Clarifies the drafting choices of the bill.

102

Sen. Beyer

Asks about a sunset clause.

105

Boehringer

Discusses the different sections and addresses the sunset clause.

115

Sen. Beyer

Reiterates that he does not see a date when the sunset clause would go into effect.

119

Boehringer

Replies that there is no current sunset clause, and describes the reasoning.

122

Taylor

Offers clarification on the sunset clause in SB 953.

136

Sen. Beyer

Discusses subsection 26 in the bill relating to the sunset clause.

142

Chair Burdick

Closes the public hearing and opens a work session on SB 953.

SB 953 – WORK SESSION

145

Sen. Starr

MOTION:  Moves SB 953 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-0

147

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

153

Chair Burdick

Closes the work session on SB 953 and opens a work session on SB 113.

 

SB 113 – WORK SESSION

156

William E. Taylor

Counsel.  Describes SB 113 relating to increasing the number of years between certain convictions before a person can qualify for driving while under the influence of intoxicants diversion program. 

167

Chair Burdick

Discusses the proposed amendments.

184

Sen. Starr

MOTION:  Moves SB 113 to the floor with a DO PASS recommendation.

187

Sen. Beyer

Offers his objections to the bill.

192

Sen. Walker

Talks about the possible objections she has with the bill.

205

Sen. Beyer

States that 10 years is a long time, and that there has yet to be a valid argument that proves that increasing the time between penalties is a good idea.

213

Sen. Ringo

Comments on diversion programs, and agrees with Sen. Beyer’s concern.

228

Sen. Whitsett

Agrees with Sen. Ringo, and discusses the diversion programs.

234

Sen. Walker

Points out a discrepancy in the files with the data.

240

Sen. Prozanski

States his concern over the 15 years time frame.

257

Starr

Moves to withdraw the motion to send SB 113 to the floor.

265

Sen. Prozanski

Talks about the work the Governor’s Task Force has done on this bill.

278

Chair Burdick

Closes the work session on SB 113 and opens a public hearing on SB 114.

SB 114 – PUBLIC HEARING

282

William E. Taylor

Counsel.  Describes SB 114 relating to increasing the fees for screening interviews of persons convicted of driving while under the influence of intoxicants and diagnostic assessments of persons entering diversion agreements.

291

Sen. Whitsett

Asks when the original fee was established.

306

Sen. Prozanski

Replies that it was enacted within the last ten years.

316

Teresa Douglas

Governor’s Advisory Committee on Driving Under the Influence of Intoxicants (DUII), Alcohol and Drug Evaluation Specialist.  Submits testimony and testifies in support of SB 114 (EXHIBIT B).

370

Douglas

Discusses the budgetary concerns for the courts, and how the evaluation specialists have been helping alleviate some of their concerns with volunteering time.

407

Chair Burdick

Asks how they handle people who are unable to pay.

410

Douglas

Replies that many evaluators, herself included, allow lower fees for those who are food-stamp eligible.

418

Chair Burdick

Inquires about someone who could not pay for the evaluation.

423

Douglas

Responds that she allows individuals to make payments, but if they refuse to pay then she will have to send them back to the courts.

430

Sally Penna

Alcohol and Drug Evaluation Specialist.  Submits testimony and testifies in support of SB 114 (EXHIBIT C).  Talks about a recent bill facing the legislature and how it was forced down due to a gut and stuff amendment that had nothing to do with the issue.

481

Taylor

Comments on the rights of individuals for diversion programs, and invites Kelly Skye from the Oregon Criminal Defense Lawyers Association to testify.

498

Kelly Skye

Oregon Criminal Defense Lawyers Association (OCDLA).  Testifies on the rights for treatments and services for diversion because of inability to pay.

TAPE 94, B

047

Chair Burdick

Asks about those who cannot afford to pay for these diversion programs.

052

Skye

Responds with information on the requirements facing the state dealing with diversion programs.

064

Sen. Whitsett

Brings up the issue of inflation rates.

071

Skye

Replies that this is one of the reasons the OCDLA has no objections.

078

Sen. Beyer

Inquires about the sunset provision on the bill.

086

Taylor

Offers information on the sunset clause on SB 114.

102

Sen. Beyer

Asks when the surcharge goes away after the sunset clause, what occurs then (Section 3, 1A).

111

Taylor

Responds that he isn’t sure.

116

Skye

Offers clarification on the sunset clause.

128

Taylor

Addresses the problems with the sunset clause.

147

Sen. Prozanski

Talks about section 3 on page 2 relating to the emergency clause.

157

Chair Burdick

Inquires about the difference between the $136 and the $112 in the bill.

159

Sen. Beyer

Replies that he isn’t sure either.

168

Chair Burdick

Closes the public hearing on SB 113 and opens a public hearing on SB 368.

SB 368 – PUBLIC HEARING

170

Chair Burdick

Describes SB 368 relating to prohibiting audiovisual recording of motion pictures in motion picture theaters without consent of the theater owner.  Introduces the -1 amendment (EXHIBIT D).

180

Amy Isbell

Vice President, State Legislative Affairs, Motion Picture Association.  Testifies in support of SB 368.

220

Isbell

Advocates that the disruption of camcorder-wielding individuals is a vital step in halting piracy in their industry.  Discusses the immunity language for theater owners in the drafting of the bill.

247

Isbell

Expresses their support of the -1 amendment.

252

Chair Burdick

Addresses the proposed amendment.

257

Isbell

Talks about the changes made in the amendment.

263

Sen. Walker

Asks how someone is discovered in a theater using a camcorder.

270

Isbell

Replies that there are watermarks for certain theaters that let their industry know where these movies are being taped.  Discusses pre-release screenings employing law enforcement or metal-detecting “wands” to identify camcorders and other recording devices.

290

Isbell

Talks about the night-vision goggles used during the movie screening by some theater owners.

315

Sen. Walker

Brings up the possibilities of “wanding” people before a movie screening and the invasion of privacy issues this presents.

329

Isbell

Stresses that the movie-going experience is meant to be a positive one.  Explains that they do not want those types of draconian tactics to be employed.

338

Chair Burdick

Closes the public hearing on SB 368 and opens a public hearing on SB 940.

SB 940 – PUBLIC HEARING

352

Sen. Prozanski

Describes SB 940 relating to requiring the sheriff to fix the date for foreclosure sales.  Introduces the -1 amendment (EXHIBIT E).

370

Kristina McNitt

Oregon Water Resources Congress.  Submits testimony and testifies in support of SB 940 (EXHIBIT F).

420

McNitt

Continues reading testimony in support of SB 940 dealing with the judgment form issued from the courts.

450

McNitt

Discusses the -1 amendment.

TAPE 95, B

021

Sen. Prozanski

Inquires as to the differences between this process and other methods of foreclosure.

030

Anita Winkler

Executive Director, Oregon Water Resource Congress.  Testifies in support of SB 940 and addresses the question relating to the difference between foreclosure methods.

044

Chair Burdick

Asks for a memorandum explaining the rationale in structuring the law in this way.

050

McNitt

Responds that they’d be happy to do such a thing, and discusses the opportunity for landowners to remedy this situation.

057

Sen. Prozanski

Advocates for uniformity in the different methods of foreclosure law.

071

McNitt

Agrees with Sen. Prozanski on this issue.

074

Chair Burdick

Asks for the justification for choosing the sheriff as the judge in these cases.

084

Sen. Whitsett

Inquires about shared ownership over water rights.

091

Winkler

Cites Oregon statutes relating to this issue on water rights.

106

Sen. Whitsett

Discusses the water rights inherent in owning the land.

111

Winkler

Clarifies the issue over ownership of the land not always being the owner of the water.

131

Sen. Whitsett

Stresses that you can’t transfer the land without the water being transferred as well.

137

Winkler

Replies that there are transactions going on right now severing the water rights from the land.

138

Chair Burdick

Closes the public hearing on SB 940 and opens a public hearing on SB 114.

SB 114 – PUBLIC HEARING

149

Dave Heynderickx

Legislative Counsel.  Discusses the drafting of SB 114 and the reasoning behind the choices on the bill.

190

Heynderickx

Continues discussion on the drafting choices for SB 114.

219

Chair Burdick

Asks if Mr. Heynderickx is convinced that the bill raises the fees for evaluators.

225

Heynderickx

Replies that, to his belief, it does.

231

Chair Burdick

Closes the public hearing on SB 114 and opens a work session on SB 114.

SB 114 – WORK SESSION

233

Sen. Starr

MOTION:  Moves SB 114 to the floor with a DO PASS recommendation.

 

Chair Burdick

VOTE:  5-1-1

AYE:               5 - Prozanski, Starr C., Walker, Whitsett, Burdick

NAY:               1 - Beyer

EXCUSED:     1 - Ringo

247

Chair Burdick

The motion CARRIES.

SEN. BURDICK will lead discussion on the floor.

250

Chair Burdick

Adjourns the meeting at 2:57 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 953, written testimony, Bryan Boehringer, 1 p
  2. SB 114, written testimony, Teresa Douglas, 2 pp
  3. SB 114, written testimony, Sally Penna, 2 pp
  4. SB 368, -1 amendment, staff, 1 p
  5. SB 940, -1 amendment, staff, 1 p
  6. SB 940, written testimony, Kristina McNitt, 2 pp