SENATE COMMITTEE ON JUDICIARY

 

 

April 20, 2005                                                                                                      Hearing Room 343

1:00 P.M.                                                                                                                  Tapes 114 - 115

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

                                                Joe O'Leary, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD:                    

                                                SB 965 – Work Session

                                                SB 216 – Work Session

                                                SB 1011 – Work Session

                                                SB 333 – Work Session

                                                SB 492 – Work Session

                                                SB 127 – Public Hearing

                                                SB 128 – Public Hearing and Work Session

                                                SB 581 – 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 114, A

003

Chair Burdick

Calls the meeting to order at 1:32 p.m. and opens a work session on SB 965.

SB 965 – WORK SESSION

010

Joe O’Leary

Counsel.  Describes SB 965 relating to creating a cause of action for invasion of personal privacy.  Introduces the -5 amendment (EXHIBIT A).

027

Chair Burdick

Talks about the -5 amendment and the sunset clause.

033

Sen. Beyer

Inquires about blanks on line 21 and line 22 in the -5 amendment.

040

O’Leary

States that the lines are left blank to be filled in by the amount of liquidated damages.

051

Chair Burdick

Calls the meeting to ease to discuss the bill further.

068

Chair Burdick

Closes the work session on SB 965 and opens a work session on SB 216.

SB 216 – WORK SESSION

071

Joe O’Leary

Counsel.  Describes SB 216 relating to allowing the Attorney General to intervene in class action lawsuits to assert a claim on behalf of the class members who fail to submit statements required for the award of damages.  Discusses the -1 and -2 amendments (EXHIBITS B & C).

091

Sen. Whitsett

Asks about the consumer protection and education revolving account.

095

Chair Burdick

Replies with information on the consumer protection and education revolving account in the Attorney General’s office.

104

Sen. Prozanski

MOTION:  Moves to ADOPT SB 216-1 amendments dated 4/1/05.

 

Chair Burdick

VOTE:  6-1-0

AYE:               6 - Prozanski, Ringo, Starr C., Walker, Whitsett, Burdick

NAY:               1 - Beyer

111

Chair Burdick

The motion CARRIES.

113

Sen. Prozanski

MOTION:  Moves SB 216 to the floor with a DO PASS AS AMENDED recommendation.

117

Sen. Beyer

States his opposition to SB 216.

123

Sen. Walker

Explains that the money returns to the defendant sued if this doesn’t pass.

120

Chair Burdick

VOTE:  4-3-0

AYE:               4 - Prozanski, Ringo, Walker, Burdick

NAY:               3 - Beyer, Starr C., Whitsett

137

Chair Burdick

The motion CARRIES.

SEN. BURDICK will lead discussion on the floor.

139

Chair Burdick

Closes the work session on SB 216 and opens a work session on SB 1011.

SB 1011 – WORK SESSION

142

Joe O’Leary

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

151

Sen. Prozanski

MOTION:  Moves SB 1011 to the floor with a DO PASS recommendation.

155

Sen. Ringo

Affirms that this is an excellent bill and explains the need for its passage.

177

Chair Burdick

Acknowledges the need for the bill.

184

Sen. Whitsett

Offers his opposition to changing a statute of limitation retroactively.

 

Chair Burdick

VOTE:  4-3-0

AYE:               4 - Prozanski, Ringo, Walker, Burdick

NAY:               3 - Beyer, Starr C., Whitsett

197

Chair Burdick

The motion CARRIES.

SEN. RINGO will lead discussion on the floor.

200

Chair Burdick

Closes the work session on SB 1011 and opens a work session on SB 333.

SB 333 – WORK SESSION

201

Joe O’Leary

Counsel.  Describes SB 333 relating to increasing the maximum amount a plaintiff may claim in certain tort actions for which the court must award attorney fees if the plaintiff prevails.  Discusses the -1 amendment (EXHIBIT D). 

222

Sen. Ringo

Explains the need for the bill, but states that it should not be moved today due to a possible amendment.

234

Chair Burdick

Closes the work session on SB 333 and moves SB 333, SB 913, and SB 965 to Monday, April 25, 2005.  Opens a work session on SB 492.

SB 492 – WORK SESSION

245

William E. Taylor

Counsel.  Describes SB 492 relating to revising the laws regarding driver duties to certain pedestrians.  Introduces the -2 amendment (EXHIBIT E).

256

Sen. Prozanski

Talks about the -2 amendment.

288

Chair Burdick

Asks if SB 591 is incorporated into this bill.

289

Sen. Prozanski

Replies that it is incorporated into the -2 amendments to SB 492.

291

Mark Landauer

Office of Government Relations, Portland.  Testifies in support of the -2 amendment.

296

Mark Lear

Manager, Traffic Investigation Group, Portland.  Addresses the -2 amendment.

320

Sen. Beyer

Inquires about clarification on the definition of a bicycle lane in relation to a car lane, goes on to ask about pedestrians.

325

Sen. Prozanski

Clarifies the issue of bicycle lanes compared to regular traffic lanes and pedestrian walkways.

375

Chair Burdick

Talks about the issue of pedestrian and bicycle lanes.

387

Sen. Starr

MOTION:  Moves to ADOPT SB 492-2 amendments dated 4/20/05.

392

Sen. Ringo

Points out that he has issues with the bill due to his district’s current traffic problems.

407

Landauer

Addresses the problems Sen. Ringo has with the current law being too restrictive and how this bill fixes those issues.

435

Sen. Ringo

Talks about the new traffic violation created by this bill.

441

Landauer

States that this violation is already a Class C traffic violation.

455

Sen. Beyer

Expresses his opposition to the bill.

460

Chair Burdick

Explains the traffic accidents that this bill seeks to stop.

 

Chair Burdick

VOTE:  5-1-1

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

NAY:               1 - Beyer

EXCUSED:     1 - Walker

 

Chair Burdick

The motion CARRIES.

TAPE 115, A

001

Sen. Starr

MOTION:  Moves SB 492 to the floor with a DO PASS AS AMENDED recommendation.

004

Sen. Beyer

Declares that he might support the bill later.

 

Chair Burdick

VOTE:  5-1-1

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

NAY:               1 - Beyer

EXCUSED:     1 - Walker

011

Chair Burdick

The motion CARRIES.

SEN. BURDICK will lead discussion on the floor.

016

Chair Burdick

Closes the work session on SB 492 and opens a public hearing on SB 127.

SB 127 – PUBLIC HEARING

017

William E. Taylor

Counsel.  Describes SB 127 relating to expanding the definition of “sex crime” for the purpose of sex offender registration to include the crimes of other jurisdictions requiring registration as a sex offender under federal law. 

027

Dan Malin

Oregon State Police (OSP).  Submits testimony and testifies in support of SB 127 (EXHIBIT F).

065

Malin

Talks about the sex offender registration forms used by the federal government.

087

Chair Burdick

Asks about the Wetterling Act.  Inquires about the timeline since the bill was passed

089

Malin

Replies that the Wetterling Act was passed by Congress in 1994 and deals with the registration of sex offenders.  Explains the difference between state and federal laws on this issue.

118

Sen. Prozanski

Inquires about a possible retroactive clause being implemented with the Wetterling Act in 1994.

129

Malin

States that they should use the federal deadline of 1994 as the statute of limitations cut-off.

143

Taylor

Explains the retroactive law being okay because, according to expo facto law, this was not a punishment.

150

Sen. Prozanski

Desires some more research on the constitutionality of this issue before passing this out of committee.

155

Malin

Points out that the law was not considered punishment, so expo facto did not apply.

169

Chair Burdick

Closes the public hearing on SB 127 and opens a public hearing on SB 128.

SB 128 – PUBLIC HEARING

174

William E. Taylor

Counsel.  Describes SB 128 relating to allowing the grand jury to receive in evidence an affidavit of a representative of the Oregon State Police concerning completeness of certain records of sex offenders. 

185

Dan Malin

Oregon State Police.  Submits testimony and testifies in support of SB 128 (EXHIBIT G).

219

Sen. Prozanski

Goes on the record and summarizes the effects of the bill.

238

Malin

States that the earlier summarization is complete, and discusses the types of documents allowed to be submitted to the grand jury under SB 128.

249

Taylor

Asks how much money this bill would save the state police.

251

Malin

Replies with data on the estimated expenditures related to sending a representative to testify at the grand jury.

268

Sen. Prozanski

Brings up the issue of whether this is a fair and reasonable tradeoff or not.

291

Chair Burdick

Closes the public hearing and opens a work session on SB 128.

SB 128 – WORK SESSION

295

Sen. Starr

MOTION:  Moves SB 128 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

297

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. STARR will lead discussion on the floor.

302

Chair Burdick

Closes the work session on SB 128 and opens a public hearing on SB 581.

SB 581 – PUBLIC HEARING

304

William E. Taylor

Counsel.  Describes SB 581 relating to modifying the distribution of fines collected in traffic offense cases.

313

Sen. Prozanski

Submits written testimony from Chief of Police Terry Wright from the Tillamook Police Department (EXHIBIT H).  Talks about the history of this bill and discusses the need for the passage of SB 581.

361

Carl Myers

Municipal Court Judge, City of Keizer.  Testifies in support of SB 581.

412

Myers

Discusses the Class B violation in this bill and the maximum amount he is able or required to charge.  Talks about the citing of “California Stops,” and how he would rather educate than fine.

Note: Tape 114 B is not complete due to equipment malfunction (see Tape 115, B)

TAPE 115, B

026

Myers

Details the current law on this issue.

055

Myers

Stresses the need for the local judges to address this issue with greater authority.

074

Chair Burdick

Inquires about the fiscal impact of this bill.

076

Myers

Replies that the courts should be in the justice business, not the money-making business.  Reads an ORS relating to the fines and penalties resulting from breaking the law.

123

Sen. Beyer

Inquires about the price for a unitary assessment in a traffic violation.

125

Myers

Responds that the amount retained by the state and counties through the unitary assessment is only $37.00.

150

Sen. Starr

Asks about the base fine for these violations.

153

Myers

Stresses that the bill merely needs to refer to the fine itself, not the base.

168

Bradd Swank

Oregon Judicial Department.  Submits a summary on the minimum base fine amounts for violation offenses in Oregon and testifies in a neutral stance on SB 581 (EXHIBIT I).  Discusses the base fines that have been established for the different violations.

215

Swank

Talks about possible amendments to the bill that would assuage certain problems with the unitary county assessment fee being removed as well as the base fine being altered.

256

Sen. Prozanski

Inquires about the proposed amendments from Mr. Swank.

260

Swank

Talks about the different proposed amendments he recommends relating to the exclusion of the term ‘traffic” and the lack of standard, or guidelines, for the judges to follow when assigning fines.

294

Swank

Discusses the average fines posted by the courts in relation to the legislatures recommended fine during a time of discretionary fines.

281

Mark Landauer

Office of Government Relations, Portland.  Testifies in opposition to SB 581.

292

Mark Lear

Manager, Traffic Investigation Group, Portland.  Submits testimony and testifies in opposition to SB 581 (EXHIBIT J).  Comments on traffic accidents in the city of Portland over the past decade.

350

Lear

Addresses the misconception that some police officers don’t write tickets in a residential zone until the driver is going 36 miles.  Cites accident information relating to this scenario.

398

Sen. Whitsett

Inquires about the stopping distance in the above scenario in a residential zone.

405

Lear

Replies with information on breaking time and perception reaction time included in those 100 feet of stopping distance.

423

Sen. Prozanski

Wonders about the possibility of increasing fines to decrease accidents.

435

Lear

Stresses the need to find a balance so police officers do not hesitate to write tickets for violations.

464

Chair Burdick

Inquires about police officers not ticketing certain violations in Portland.

470

Lear

Replies with information on upcoming enforcement actions being taken by the City of Portland to address these issues.

500

Chair Burdick

Closes the public hearing on SB 581.  Moves SB 333, and SB 913, and SB 965 to Monday’s agenda.  Adjourns the meeting at 2:58 p.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 965, -5 amendment, staff, 1 p
  2. SB 216, -1 amendment, staff, 1 p
  3. SB 216, -2 amendment, staff, 1 p
  4. SB 333, -1 amendment, staff, 1 p
  5. SB 492, -2 amendment, staff, 2 pp
  6. SB 127, written testimony, Dan Malin, 14 pp
  7. SB 128, written testimony, Dan Malin, 2 pp
  8. SB 581, written testimony, Sen. Prozanski, 2 pp
  9. SB 581, Minimum base fine amounts for violation offenses in Oregon, Bradd Swank, 24 pp
  10. SB 581, written testimony, Mark Lear, 3 pp