SENATE COMMITTEE ON JUDICIARY

 

 

April 19, 2005                                                                                                      Hearing Room 343

1:00 P.M.                                                                                                                  Tapes 112 - 113

 

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:                 William E. Taylor, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD:        

SB 208 – Work Session

SB 548 – Work Session

SB 844 – Work Session

SB 234 – Work Session

SB 229 – Work Session

SB 965 – Work Session

SB 304 – Work Session

 

 

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 112, A

003

Chair Burdick

Calls the meeting to order at 1:20 p.m. and opens a work session on SB 208.

SB 208 – WORK SESSION

006

William E. Taylor

Counsel.  Describes SB 208 relating to expanding the state no call program and the regulation of unlawful telephone solicitations to include all telephone customers of telecommunications companies.  Introduces the -2 and the -7 amendments (EXHIBITS A & B).

022

Kevin Neely

Executive Assistant, Attorney General Hardy Myers, Department of Justice.  Discusses the -7 amendments in relation to the -2 amendment.

036

Chair Burdick

Inquires if this provides the Attorney General with the ability to enforce this law as opposed to the federal government.

041

Neely

Replies yes, and offers information on the exemption to the jurisdiction of the Attorney General after this bill.

044

Sen. Walker

Asks about a private right of action being still available.

047

Neely

Responds that he isn’t sure.

052

Sen. Walker

Expresses her belief that consumers are hurt by the federal law, and hesitates to support any state bill that might injure them further.

056

Chair Burdick

Wonders about private rights of action pursued under Oregon law.

059

Neely

Answers that he is not sure about that issue and clarifies the jurisdiction of the bill.

071

Sen. Whitsett

Asks if any portions of the fines resulting from these litigations are retained by the Attorney General.

075

Neely

Explains the jurisdiction of the federal and state government in relation to fines.

093

Sen. Whitsett

Inquires about the current opinions of the individuals who were against the bill before the amendments.

096

Neely

States that he hasn’t approached the opposition to this bill and talks about the proponents of the bill.

101

Chair Burdick

Expresses that nobody has come to her with opposition.

108

Sen. Starr

MOTION:  Moves to ADOPT SB 208-7 amendments dated 4/11/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

111

Chair Burdick

Hearing no objection, declares the motion CARRIED.

114

Sen. Starr

MOTION:  Moves SB 208 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-2-1

AYE:               4 - Prozanski, Starr C., Walker, Burdick

NAY:               2 - Beyer, Whitsett

EXCUSED:     1 - Ringo

126

Chair Burdick

The motion CARRIES.

SEN. BURDICK will lead discussion on the floor.

136

Chair Burdick

Closes the work session on SB 208 and opens a work session on SB 548.

SB 548 – WORK SESSION

125

William E. Taylor

Counsel.  Describes SB 548 relating to modifying the crime of interfering with a peace officer.  Introduces the -1 and -2 amendments (EXHIBITS C & D).

151

Sen. Prozanski

Describes the -1 and -2 amendments.

178

Sen. Starr

MOTION:  Moves to ADOPT SB 548-1 amendments dated 3/9/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

180

Chair Burdick

Hearing no objection, declares the motion CARRIED.

181

Sen. Starr

MOTION:  Moves to ADOPT SB 548-2 amendments dated 3/10/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

183

Chair Burdick

Hearing no objection, declares the motion CARRIED.

186

Sen. Starr

MOTION:  Moves SB 548 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

188

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

194

Chair Burdick

Closes the work session on SB 548 and opens a work session on SB 844.

SB 844 – WORK SESSION

198

William E. Taylor

Counsel.  Describes SB 844 relating to increasing the penalty for a dog keeper who maintains a public nuisance by keeping a dog that bites a person.  Discusses the -2 amendment (EXHIBIT E).

219

Suzanne Funkhouser

Legislative Aide, Sen. Deckert.  Talks about the -2 amendment.

229

Sen. Ryan Deckert

Senate District 14.  Talks about the -2 amendment.

241

Chuck Taylor

Deputy Legislative Counsel.  Discusses section 1 of the -2 amendment relating to civil liability.

300

Sen. Starr

MOTION:  Moves to ADOPT SB 844-2 amendments dated 4/7/05.

305

Sen. Beyer

Asks about current law relating to the authority of the state to take action against a potentially dangerous dog.

312

C. Taylor

Replies with information on current Oregon statute.

356

Sen. Prozanski

Clarifies the term “knowingly” versus “criminally negligible” current law on this issue.

365

C. Taylor

Talks about county ordinances dealing with the issue of dog attacks.

373

Sen. Whitsett

Discusses page 2 line 10 relating to the dog attack being on the property of the owner.

396

Funkhouser

Addresses the issue of trespassing in relation to this issue.

410

Sen. Whitsett

Asks why is there an exemption to an owner prohibiting individuals from coming onto his property.

423

C. Taylor

Comments on section 7 of the amendment dealing with injuries relating to dog attacks while on the owner’s property.

447

Sen. Deckert

Talks about the work group that came up with this amendment.

TAPE 113, A

021

Sen. Starr

VOTE:  4-2-1

AYE:               4 - Prozanski, Starr C., Walker, Burdick

NAY:               2 - Beyer, Whitsett

EXCUSED:     1 - Ringo

030

Chair Burdick

The motion CARRIES.

033

Sen. Starr

MOTION:  Moves SB 844 to the floor with a DO PASS AS AMENDED recommendation.

037

Chair Burdick

VOTE:  4-2-1

AYE:               4 - Prozanski, Starr C., Walker, Burdick

NAY:               2 - Beyer, Whitsett

EXCUSED:     1 - Ringo

038

Chair Burdick

The motion CARRIES.

SEN. DECKERT will lead discussion on the floor.

045

Chair Burdick

Closes the work session on SB 844 and opens a work session on SB 234.

SB 234 – WORK SESSION

059

William E. Taylor

Counsel.  Introduces the -2, -3, -4, and -6 amendments (EXHIBITS F – I).

070

Ronelle Shankle

Department of Justice.  Discusses the amendments for SB 234.

085

Chair Burdick

Asks whether they need to adopt all of the amendments.

092

Shankle

Explains the different acceptable amendment combinations.

105

Wendy Johnson

Deputy Director, Oregon Law Commission (OLC).  Talks about the OLC’s approval of the -2 amendment for the bill, and takes a neutral stance on the -3, -4 and -6 amendment as they have yet to see these newer changes.

117

Chair Burdick

Inquires about a two-year sunset clause on the -6 amendment.

119

Shankle

Replies that there is a sunset clause as a compromise during the workgroup.

124

Chair Burdick

Clarifies the need for the different amendments.

126

Johnson

Explains that the OLC has a comparative bill dealing with this issue, and what the commission will do during the 2007 session after the sunset clause has expired on the -6 amendment.

142

Chair Burdick

Assures the committee that the House Judiciary Committee will support this bill.

157

Shankle

Declares that the -3 and -4 amendments have yet to be discussed among the House Judiciary Committee members.

172

Sen. Prozanski

Desires clarification on the effects of the -3 and -4 amendments.

175

Shani Fuller

Oregon Child Support Program, Department of Justice.  Talks about the different effects of the -3 and -4 amendments.

190

Chair Burdick

Inquires about the differences between the -3 and -4 amendments

199

Fuller

Responds with information on paternity establishment services through the Oregon Child Support Programs and how the -4 amendment addresses this issue.

209

Johnson

States that the courts support the amendments.

261

Starr

Inquires if the -3 and -4 are repetitive in several sections.

268

Johnson

Replies that they are, but different in certain areas, and explains where.

289

Taylor

Describes the process resulting from passing the amendments.

300

Sen. Beyer

Brings up the issue that a -7 is needed to reconcile the 3 amendments together.

322

Taylor

Explains the situation with the different amendments, and how Legislative Counsel would draft a new amendment in order to reconcile all the similar areas in each draft.

351

Sen. Starr

MOTION:  Moves to ADOPT SB 234-3 amendments dated 4/14/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

354

Chair Burdick

Hearing no objection, declares the motion CARRIED.

357

Sen. Starr

MOTION:  Moves to ADOPT SB 234-4 amendments dated 4/14/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

359

Chair Burdick

Hearing no objection, declares the motion CARRIED.

362

Sen. Starr

MOTION:  Moves to ADOPT SB 234-6 amendments dated 4/19/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

363

Chair Burdick

Hearing no objection, declares the motion CARRIED.

366

Sen. Starr

MOTION:  Moves SB 234 to the floor with a DO PASS AS AMENDED recommendation.

370

Sen. Whitsett

States that he will support the bill but may change his mind on the Senate floor.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

379

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

395

Chair Burdick

Closes the work session on SB 234 and opens a work session on SB 229.

SB 229 – WORK SESSION

396

William E. Taylor

Counsel.  Describes SB 229 relating to requiring that in a dependency proceeding in juvenile court, the court gives preference in placement of the child or ward to a person with caregiver relationship with the child or ward.  Introduces the -4 amendment (EXHIBITJ).

427

Wendy Johnson

Deputy Director, Oregon Law Commission (OLC).  Testifies on the -4 amendment.

443

Ingrid Swenson

Office of Public Defense Services.  Submits testimony and testifies in support of SB 229 (EXHIBIT K).

476

Chair Burdick

Asks if the OLC is neutral on this issue.

478

Swenson

Replies yes.

489

Sen. Starr

MOTION:  Moves to ADOPT SB 229-4 amendments dated 3/28/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

491

Chair Burdick

Hearing no objection, declares the motion CARRIED.

494

Sen. Starr

MOTION:  Moves SB 229 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

497

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

509

Chair Burdick

Closes the work session on SB 229 and opens a work session on SB 965.

SB 965 – WORK SESSION

TAPE 112, B

031

William E. Taylor

Counsel.  Describes SB 965 relating to creating a cause of action for personal privacy.  Discusses a possible -4 amendment.

043

Sen. Prozanski

Brings up an issue with the retroactivity of the bill compromising expo facto laws.

046

Taylor

Acknowledges that there might be issues with the bill and advises moving the bill over to another date until Legislative Counsel can address the issues.

078

Chair Burdick

Closes the work session on SB 965 and puts SB 216, SB 333, SB 913, and SB 965 to Wednesday, April 20, 2005.  Opens a work session on SB 304.

SB 304 – WORK SESSION

092

William E. Taylor

Counsel.  Describes SB 304 relating to reviving certain product liability civil actions for damages resulting from asbestos-related disease claims that are barred solely because the statute of limitations for these claims has expired.  Introduces the -1 and -2 amendments (EXHIBITS L & M).

116

Ann Samuelson

Plumbing contractor, author of the bill.  Testifies in support of the bill and the revisions in the amendments.  

137

Sen. Starr

Asks about the different amendments.

144

Taylor

Talks about the language in the -1 and -2 amendments.

154

Sen. Prozanski

Discusses the amendments and a possible drafting conflict during their creation.

187

Sen. Starr

MOTION:  Moves to ADOPT SB 304-2 amendments dated 4/18/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

189

Chair Burdick

Hearing no objection, declares the motion CARRIED.

195

Sen. Starr

MOTION:  Moves SB 304 to the floor with a DO PASS AS AMENDED recommendation.

182

Sen. Beyer

VOTE:  4-2-1

AYE:               4 - Prozanski, Starr C., Walker, Burdick

NAY:               2 - Beyer, Whitsett

EXCUSED:     1 - Ringo

210

Chair Burdick

The motion CARRIES.

SEN. RINGO will lead discussion on the floor.

208

Chair Burdick

Closes the work session on SB 304 and adjourns the meeting at 2:30.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 208, -2 amendment, staff, 2 pp
  2. SB 208, -7 amendment, staff, 10 pp
  3. SB 548, -1 amendment, staff, 1 p
  4. SB 548, -2 amendment, staff, 1 p
  5. SB 844, -2 amendment, staff, 16 pp
  6. SB 234, -2 amendment, staff, 5 pp
  7. SB 234, -3 amendment, staff, 14 pp
  8. SB 234, -4 amendment, staff, 14 pp
  9. SB 234, -6 amendment, staff, 16 pp
  10. SB 229, -4 amendment, staff, 1 p
  11. SB 229, written testimony, Ingrid Swenson, 3 pp
  12. SB 304, -1 amendment, staff, 1 p
  13. SB 304, -2 amendment, staff, 1 p