SENATE COMMITTEE ON JUDICIARY

 

 

April 14, 2005                                                                                                      Hearing Room 343

1:00 P.M.                                                                                                                  Tapes 109 - 110

 

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Charles Starr, Vice-Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Doug Whitsett

 

MEMBER EXCUSED:          Sen. Charlie Ringo

Sen. Vicki Walker

 

 

STAFF PRESENT:                 Joe O'Leary, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD:        

SB 1011 – Public Hearing

SB 198 – Work Session

SB 990 – Public Hearing

SB 850 – Work Session

SB 264 – 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 109, A

003

Chair Burdick

Calls the meeting to order at 1:35 p.m. and opens a public hearing on SB 1011.

SB 1011 – PUBLIC HEARING

009

Joe O’Leary

Counsel.  Describes SB 1011 relating to providing a statute of limitations for injury or death resulting from the use of medication that is intended to inhibit the enzyme known as cyclooxygenase-2. 

025

Brad Higbee

Vioxx Victims United.  Submits a packet on SB 1011, a sheet on the statute of limitations gap, and a history of HB 2080 and testifies in support of SB 1011 (EXHIBITS A – C).

062

Higbee

Discusses the testimony relating to the statute of limitations gap.

086

Higbee

Talks about the previous legislative session and how they dealt with this issue.

135

Higbee

Stresses that due to the statute of limitations, some people cannot seek lawsuits relating to their injuries.

147

Jon Molton

Eugene, Vioxx Victims United.  Testifies in support of SB 1011.  Details his personal story involving the use of Vioxx.

196

Mike Yukert

Testifies in support of SB 1011 with his wife Toni.  Discusses his wife’s stroke and how it has affected their lives.  Comments on Oregon’s limited statute of limitation on these issues.  Expresses their desire to have their day in court.

240

Jamie Larumi

Testifies in support of SB 1011 with her husband Kal.  Talks about her husband’s stroke that affected their lives. 

290

Larumi

Advocates for the ability to seek justice in court, and how Oregon’s limited statute of limitations refuses them that chance.

317

Higbee

Submits two studies on Vioxx and COX-2 Inhibitor drugs (EXHIBITS D & E).

347

Kristi Schaefer

Past President, Brain Injury Association of Oregon.  Testifies in support of SB 1011.  Talks about the daily medical costs for individuals who use faulty or improperly tested pharmaceutical products.

383

Higbee

Concludes that the gap in the statute of limitations is an extremely important issue that needs to be addressed, and only a handful of states have enacted similar laws.

411

Sen. Prozanski

Asks about when these companies first learned about the possibility of their drug negatively affecting the individuals using them.

423

Higbee

Addresses the two studies submitted earlier to point out when the evidence started showing up that described a possible negative impact from the use of these drugs (Exhibits D & E).

455

Jim Gardner

PhRMA.  Submits testimony and a staff measure summary on HB 2080A and testifies in opposition to SB 1011 (EXHIBITS F & G).

TAPE 110, A

040

Gardner

Discusses the hardships created by this statute of limitations, but stresses that there needs to be certain curbs on litigation that would lead to continually increasing the statute.

049

Chair Burdick

Asks if knowledge of the ill effects of these Cox-2 inhibitors was known during the last session.

060

Gardner

Replies that this issue was most likely not known at the time.

062

Chair Burdick

Declares that it is the job of the Legislature to address new knowledge when it becomes available.

068

Gardner

States that when you impose a statue of limitations and draw a cutoff line, you will always be hurting some people.

070

Sen. Prozanski

Talks about the House Judiciary Committee last session and their decision on HB 2020A.  Discusses the amendment on that bill.

092

Gardner

Comments on the House amendment from the 2003 Legislative session regarding HB 2020. 

115

Teresa E. A. Teater

Clackamas County.  Submits testimony and testifies in support of SB 1011 (EXHIBIT H).

182

Chair Burdick

Commends the witness on her testimony.

185

Ed Johnston

Disabled.  Testifies in support of SB 1011.  Explains his status as a guinea pig during the last several years for these pharmaceutical companies who do not properly test the drugs they endorse.

218

Chair Burdick

Closes the public hearing on SB 1011 and opens a work session on SB 198.

SB 198 – WORK SESSION

228

Chair Burdick

Moves to Monday, April 17, 2005.  Closes the work session on SB 198 and opens a public hearing on SB 990.

SB 990 – PUBLIC HEARING

231

Joe O’Leary

Counsel.  Describes SB 990 relating to reducing the membership of the Board on Public Safety Standards and Training. 

248

Brian DeLashmutt

Oregon Council of Police Associations, Association of Oregon Correction Employees, and the Federation of Oregon Parole and Probation Officers.  Testifies in support of SB 990.  Details the history of this issue over the last few years.

287

DeLashmutt

Stresses that 24 members on the Board is a ludicrously high amount when you have so many people to notify and keep informed.  Notes the costs inherent with such a high amount.

314

DeLashmutt

States that the Board is not made up of people who are representative of the people in any shape or form.

334

Mary Botkin

American Federation of State, County, and Municipal Employees.  Testifies in support of SB 990.  Comments on the lack of cooperation among the proponents and opponents of the bill when attempting to arrive at a sensible number of board members.

378

Botkin

Commends Director Minnis on his job.

402

Chair Burdick

Welcomes students from Grants Pass.

408

John Minnis

Director, Department of Public Safety Standards and Training.  Submits a testimony packet and testifies in opposition to SB 990 (EXHIBIT I).

460

Minnis

Admits that the board has, in the past, not engaged the public with the issues it addresses.  Talks about how, in his time, they are focused on a more customer service mentality.

494

Chair Burdick

Asks for his opinion on management personal being paid to come to these meetings.

500

Minnis

Discusses a current bill facing the legislative dealing with this issue, and addresses the issue of a per diem stipend for travel to these meetings.

TAPE 109, B

035

Sen. Beyer

Inquires who chairs the board.

036

Minnis

Responds that the Newburg Chief of Police, Bob Tardiff, is in charge of the board.

041

Sen. Beyer

Wonders about the rules on a 2/3, as opposed to a 3/5, majority required for the passage of a bill.

046

Minnis

States that the majority of issues facing the board have been voted on unanimously.

051

Sen. Beyer

Asks if the Governor is required to appoint individuals who have been recommended and nominated by the board.

058

Minnis

Replies that he is not sure.

064

O’Leary

States that he does not have the information on this issue.

070

Sen. Beyer

Expresses his desire to be informed whether the Governor is forced to appoint members from the advised listing.

077

Minnis

States that the Governor can ask for other suggestions if he doesn’t agree with the list recommended to him.

079

Sen. Prozanski

Inquires if there have been any problems with the board arriving at a quorum.

083

Minnis

Responds that there have been times in the past where a quorum has been difficult to achieve; talks about attendance of the meetings through telephone, internet, television, etc.

098

Sen. Prozanski

Asks about the frequency of the meetings.

101

Minnis

Replies that they meet four times a year, or by order of the chair.  Talks about the upcoming board meetings (full and chair).

135

Sen. Whitsett

Inquires if it would be possible to get cost estimates on per diem allowances for the meetings as well as the time lost from their other agencies.

145

Minnis

States that they can definitely gather that information.

161

O’Leary

Comments on the ability of the Governor to appoint members to the board.

181

Sen. Beyer

Asks if there is Senate confirmation required; inquires about the constitutionality of these issues.

186

O’Leary

States that he will follow this information for the committee and stresses that Senate confirmation is required.

202

John Powell

Oregon State Sheriffs Association.  Testifies in opposition to SB 990.

225

Chair Burdick

Introduces testimony from Derrick Foxworth in opposition to SB 990 (EXHIBIT M).  Closes the public hearing on SB 990 and opens a work session on SB 850.

SB 850 – WORK SESSION

228

Joe O’Leary

Counsel.  Describes SB 850 relating to establishing an Address Confidentiality Program in the Department of Justice.  Introduces the -3 amendment (EXHIBIT J).

254

Chair Burdick

Asks for a list of the work group members.

255

O’Leary

Details the individuals involved with the work group.

263

Sen. Starr

MOTION:  Moves to ADOPT SB 850-3 amendments dated 4/14/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

267

Chair Burdick

Hearing no objection, declares the motion CARRIED.

268

Sen. Starr

MOTION:  Moves SB 850 to the floor with a DO PASS AS AMENDED recommendation.

270

Sen. Beyer

Wonders about the fiscal impact statement.

273

O’Leary

Stresses that he has received no statement from Legislative Fiscal.

302

Kevin Neely

Executive Assistant, Attorney General Hardy Myers.  Submits a figure on the fiscal impact of $33,000.

313

Sen. Prozanski

Inquires if this is general fund appropriation or not.

315

Neely

Responds that he believes it is not.

344

Sen. Beyer

Talks about how all the Department of Justice funding comes from the general fund.

351

Sen. Prozanski

Addresses the issue raised by Sen. Beyer relating to the fiscal impact.

363

Shelby Rihala

Legislative Aide, Sen. Richard Devlin.  States that the bill should be forwarded with a subsequent referral to Ways and Means.

390

Starr

Withdraws the motion to send SB 850 DPA because of an impending fiscal.

396

Chair Burdick

Moves SB 850 to Monday, April 17, 2005.  Closes the work session on SB 850 and opens a public hearing on SB 264.

SB 264 – PUBLIC HEARING

403

Joe O’Leary

Counsel.  Describes SB 264 relating to requiring that grand jury proceedings be on record.

415

John Hummel

Oregon Criminal Defense Lawyers Association.  Testifies in support of SB 264.

445

John Henry Hingson

Oregon Criminal Defense Lawyers Association.  Testifies in support of SB 264.  Stresses that Oregon’s grand juries are very unique.  Submits a packet on the Oregon Grand Jury (EXHIBIT K).

TAPE 110, B

040

Hingson

Discusses the idea of truth as a virtue.

067

Hingson

Talks about how only the District Attorney can choose which testimony is recorded or not, the defense attorney may not.

111

Hingson

Details the corruption inherent in the current system that allows the District Attorney to manipulate the evidence.

131

Hingson

Addresses a recent case where individuals were indicted without any real evidence through the Grand Jury system.

184

Hummel

Discusses the need for tape recording in these hearings.

195

Mike Dugan

Deschutes County District Attorney.  Submits testimony and testifies in opposition to SB 264 (EXHIBIT L).

235

Dugan

Talks about the different methods of charging a person with a crime.

268

Walt Beglau

Marion County District Attorney.  Testifies in opposition to SB 264.  Addresses the incredible fiscal impact from the increased staffing or the recordation of Grand Jury cases.

320

Beglau

Discusses the Grand Jury process.

369

Chair Burdick

Closes the public hearing on SB 264 and moves SB 208, SB 229, and SB 234 to Tuesday, April 18, 2005.  Adjourns the meeting at 3:21 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 1011, written testimony packet, Brad Higbee, 40 pp
  2. SB 1011, Statute of Limitations Gap, Brad Higbee, 1 pp
  3. SB 1011, History of HB 2080, Brad Higbee, 1 p
  4. SB 1011, Study on Cox-2 Inhibitors, Brad Higbee, 3 pp
  5. SB 1011, Study on Vioxx, Brad Higbee, 9 pp
  6. SB 1011, written testimony, Jim Gardner, 1 p
  7. SB 1011, SMS for HB 2080, Jim Gardner, 1 p
  8. SB 1011, written testimony, Teresa Teater, 12 pp
  9. SB 990, written testimony, John Minnis, 18 pp
  10. SB 850, -3 amendment, staff, 4 pp
  11. SB 264, written testimony, John Hingson, 17 pp
  12. SB 264, written testimony, Michael T. Dugan, 3 pp
  13. SB 990, written testimony, Derrick Foxworth, 1 p