SENATE COMMITTEE ON JUDICIARY

 

May 11, 2005                                                                                                       Hearing Room 343

1:00 P.M.                                                                                                                 Tapes 133 – 134

                                                                                                                            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

                                                Joe O'Leary, Counsel

                                                Heidi Moawad, Counsel

Dale Penn, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 306 – Work Session

SB 592 – Work Session

SB 424 – Public Hearing

HB 2141 – Public Hearing

HB 2139A – Public Hearing and Work Session

HB 2222A – 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 133, A

003

Chair Burdick

Calls the meeting to order at 1:12 p.m. and opens a work session on SB 306.

SB 306 – WORK SESSION

005

William E. Taylor

Counsel.  Introduces and describes the -2 and -3 amendments (EXHIBITS A & B).

027

Chair Burdick

Asks if the two amendments are in conflict.

029

Taylor

Replies that they deal with different sections of the amendment and do not conflict with each other.

044

Paul Cosgrove

Distilled Spirits Counsel of the United States.  Submits testimony and testifies in support of the -2 amendment to SB 306 (EXHIBIT C).

082

Mark Nelson

Anheuser-Busch.  Submits a picture detailing a filter for impurities in carbon dioxide gas and testifies in support of SB 306 (EXHIBIT D).

105

Chair Burdick

Asks how the filter works.

108

Nelson

Details the method by which the filter purifies the carbon dioxide.

122

Sen. Prozanski

Inquires if only Budweiser products will be purified.

123

Nelson

Responds that the filter purifies other beers on the same tap.

156

John Stubenvoll

Oregon Liquor Control Commission.  Testifies in support of the amendments.

170

Sen. Starr

MOTION:  Moves to ADOPT SB 306-2 amendments dated 4/20/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

172

Chair Burdick

Hearing no objection, declares the motion CARRIED.

173

Sen. Starr

MOTION:  Moves to ADOPT SB 306-3 amendments dated 5/11/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

176

Chair Burdick

Hearing no objection, declares the motion CARRIED.

181

Sen. Starr

MOTION:  Moves SB 306 to the floor with a DO PASS AS AMENDED recommendation.

184

Sen. Whitsett

Asks about the reasoning behind introducing this bill.

186

Chair Burdick

Discusses the history of this bill, and the necessity in its passing.  Talks about the term “gut & stuff.”

205

Sen. Beyer

Clarifies the process of “gut & stuff.”

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

211

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

215

Chair Burdick

Closes the work session on SB 306 and opens a work session on SB 592.

SB 592 – WORK SESSION

216

William E. Taylor

Counsel.  Describes SB 592 relating to not allowing consideration of reasonable and prudent factors for violating the basic speed rule if a person exceeds certain speeds on secondary highways.  Introduces the -1 amendment (EXHIBIT E).

227

Sen. Prozanski

Discusses the -1 amendment.  Talks about the necessity behind the bill.

270

Chair Burdick

Inquires about individuals who drive 15 miles per hour and how they cannot invoke the basic rule.

278

Sen. Prozanski

Stresses that the bill is not ready due to the oversight addressed by Chair Burdick, and will continue to work on the amendments.

293

Chair Burdick

Closes the work session on SB 592 and opens a public hearing on SB 424.

SB 424 – PUBLIC HEARING

304

Joe O’Leary

Counsel.  Describes SB 424 relating to giving the court discretion in awarding temporary custody of parties’ children when the court issues restraining orders under the Family Abuse Prevention Act.  Introduces and describes the -1 amendment (EXHIBIT F).  Introduces written testimony from John L. Collins, presiding judge of the 25th Judicial District in Yamhill County (EXHIBIT G).

343

BeaLisa Sydlik

Oregon Judicial Department.  Testifies on the issue of SB 424.

380

Sydlik

Comments on the concerns the judges have with the passage of this bill.

414

Sybil Hebb

Oregon Law Center.  Testifies on the issue of judicial discretion.

TAPE 134, A

018

Hebb

Stresses the importance in not giving custody to individuals who might be violent towards the minor; advocates for judicial discretion in this matter.

051

Rebecca Gandy

Oregon Alliance to End Violence against women.  Testifies against SB 424. 

066

Chair Burdick

Asks for her opinion on possible options.

075

Gandy

Talks about the lack of limitations or restraints on judicial discretion.

100

Sen. Whitsett

Inquires if the judges are making wrong decisions on a regular basis in these types of cases.

102

Gandy

Responds that they don’t necessarily get it wrong so often, and describes her stance on the issue.

108

Sen. Whitsett

Comments on the hazards when limiting the jurisdiction of the judge in any court case.

116

Gandy

Stresses the need for parameters in any form of judicial discretion.

138

Mark Kirkmeier

Legislative Assistant, Rep. Hansen.  Reads testimony from Rep. Hansen in support of SB 424 (EXHIBIT H).

147

Clark Seeley

Submits testimony and testifies in support of the -1 amendment for SB 424 (EXHIBIT I).

170

Bradd Swank

Oregon Judicial Department.  Testifies on the costs of expungement.

215

Swank

Continues his discussion on the redaction of information and the difficulties they face in removing protected data from public access.

253

Sen. Prozanski

Inquires about the fields currently being redacted and if certain information is protected: social security numbers, etc.

256

Swank

Replies that he has spent his entire career protecting social security numbers from public access.

276

Sen. Prozanski

Asks if there is a statute or rule that prohibits social security numbers from being accessed by the public.

280

Swank

Responds that there currently is no specific policy that addresses this issue.

311

Hebb

Submits a chart on the comparison of current criminal expunction process vs. the SB 424 -1 amendment proposed process and (EXHIBITS J & L).  Declares their opposition to the -1 amendment. 

362

Gandy

Declares their opposition to the -1 amendment.

400

Chair Burdick

Introduces written testimony from Jim Whinston in support of SB 424 (EXHIBIT P).  Closes the public hearing on SB 424 and opens a public hearing on HB 2141.

The following prepared testimony is submitted for the record without public testimony:

 

Rick L. Scheetz

Portland, OR.  Submits written testimony in support of SB 424 (EXHIBIT T).

HB 2141 – PUBLIC HEARING

410

Heidi Moawad

Counsel.  Describes HB 2141 relating to modifying the provisions that allow the Department of Corrections and the Oregon Youth Authority to transfer persons committed to their custody to the state mental hospital for evaluation and treatment.  Introduces the -1 amendment (EXHIBIT M).

440

Rep. Chip Shields

House District 43.  Submits testimony and testifies in opposition to HB 2141 (EXHIBIT K).

490

Rep. Shields

Discusses the protections, or lack thereof, for young offenders.

TAPE 133, B

038

Chair Burdick

Asks if the -2 amendment incorporates the -1 amendment.

040

Rep. Shields

Replies that he believes it does.

055

Arthur Tolan

Department of Corrections.  Testifies in support of HB 2141.

068

Debbie Rios

Oregon Youth Authority.  Testifies in support of HB 2141.

071

Marvin Fickle

Oregon State Hospital.  Testifies in a neutral stance on HB 2141.

089

Mary Botkin

American Federation of State, County, and Municipal Employees.  Testifies in support of HB 2141.

126

Bob Joondeph

Oregon Advocacy Center.  Submits testimony and testifies in support the -2 amendment (EXHIBIT N).

136

Chair Burdick

Closes the public hearing on HB 2141 and opens a public hearing on HB 2139A.

HB 2139A – PUBLIC HEARING

140

Heidi Moawad

Counsel.  Describes HB 2139A relating to exempting unclaimed or abandoned tangible property of the Department of Corrections inmates from the Uniform Disposition of Unclaimed Property Act. 

157

Stan Czerniak

Assistant Director for Operations.  Submits testimony and testifies in support of HB 2139A (EXHIBIT O).

184

Chair Burdick

Asks about the amendments to the bill.

188

Czerniak

Replies that the amendments deal with intangible assets (telephone money remaining on a card, etc.). Talks about the system of accounts (phone account, etc.) that are “intangible” accounts.

213

Sen. Prozanski

Expresses his confusion why such money was not returned to the inmate previously.

216

Czerniak

Talks about why the money in these intangible accounts did not go to the inmate.

242

Chair Burdick

Inquires what happens to these objects (socks, etc.) that are left behind by inmates.

245

Czerniak

States that they usually have the option to donate these items to charity in some cases, and destroy them in others (used socks are not so usable by many other people).

270

Janet Holman

Assistant Director, Administration and Finance, Department of State Lands. 

274

Chair Burdick

Asks about the ‘friendly amendment” discussed earlier.

276

Janet Holman

Talks about the differentiation between tangible and intangible accounts.  Goes on to comment on the unclaimed property fund.

307

Sen. Prozanski

Stresses that he believes the money can be easily returned to the individual.

320

Czerniak

Discusses the situations behind the return of money to an inmate in these cases.

339

Chair Burdick

Closes the public hearing and opens a work session on HB 2139A.

HB 2139A – WORK SESSION

348

Sen. Starr

MOTION:  Moves HB 2139A to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Walker

354

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

363

Chair Burdick

Closes the work session on HB 2139A and opens a public hearing on HB 2222A.

HB 2222A – PUBLIC HEARING

366

Joe O’Leary

Counsel.  Describes HB 2222A relating to providing that the Department of Justice has a lien upon certain judgments, settlements, and compromises obtained by a person who received awards of compensation from the department, or on whose behalf compensation was paid by the department, for a compensable crime.

409

Jason Barber

Assistant Director, Crime Victims’ Assistance Section, Department of Justice.  Submits testimony and testifies in support of HB 2222A (EXHIBIT Q).

TAPE 134, B

015

Sen. Whitsett

Wonders how much money, annually, they are not being reimbursed for.

017

Barber

States that he is not sure, but will get the committee that information.

025

Sen. Ringo

Inquires about the signed documents by the defendant (lien); shouldn’t the department be able to seek litigation against these individuals.

030

Barber

Replies that they could, but that HB 2222A seeks to go around costly litigation.

063

Michael Grant

Assistant Attorney General, Oregon Department of Justice.  Submits testimony and testifies in support of HB 2222A (EXHIBIT R).  Stresses that this bill does not seek to increase any monetary obligations from the victim.

099

Grant

Talks about the lack a third party defendant’s obligation to pay the victim’s crime victims’ assistance payments.

120

Grant

Discusses the cost to Crime Victims’ United in legal battles over the last few years trying to recover owed payments from victims.

152

Chair Burdick

Asks if the third party is required to pay the victims’ assistance funds.

157

Grant

Comments on the lien process for third party members paying back the victims’ assistance funds.

179

Sen. Ringo

Inquires how these liens would stack up, as far as priority, against other liens.

182

Grant

Talks about the different priorities for liens facing a victim (medical fees, lawyer fees, etc.)

200

Sen. Ringo

Addresses the prioritizing of medical liens.  Asks if these cases deal with clear liability or is there occasions of questionable liability.

225

Barber

Discusses the issue of liability in these cases: 95-98% clear liability.

237

Sen. Ringo

Inquires about the difficulties in collecting the money from third party offenders.  Questions the perpetrator’s disclosure of withheld assets.

243

Grant

Replies that this is always an issue.  Goes on to talk about the equal priority of medical services lien.

268

Chair Burdick

Closes the public hearing on HB 2222A and opens a work session on SB 306.

SB 306 – WORK SESSION

269

Chair Burdick

Asks for reconsideration of the vote of SB 306.

275

Sen. Starr

MOTION:  Moves to RECONSIDER the vote by which SB 306 is moved to the floor with a DO PASS AS AMENDED recommendation.

281

Chair Burdick

States that the beer community is divided on this issue.

 

 

VOTE:  7-0-0

292

Chair Burdick

Hearing no objection, declares the motion CARRIED.

295

Chair Burdick

Moves SB 306 to Monday, May 16, 2005.

298

Chair Burdick

Adjourns the meeting at 2:55 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 306, -2 amendment, staff, 2 pp
  2. SB 306, -3 amendment, Danelle Romain, 1 p
  3. SB 306, written testimony, Paul Cosgrove, 1 p
  4. SB 306, Picture of a Beer Filter, Mark Nelson, 1 p
  5. SB 592, -1 amendment, Sen. Prozanski, 1 p
  6. SB 424, -1 amendment, Rep. Hansen, 3 pp
  7. SB 424, written testimony, John Collins, 1 p
  8. SB 424, written testimony, Rep. Hansen, 1 p
  9. SB 424, written testimony, Clark Seeley, 1 p
  10. SB 424, Comparison of current criminal expunction process, Sybil Hebb, 1 p
  11. HB 2141, written testimony, Rep. Shields, 2 pp
  12. SB 424, written testimony, Sybil Hebb, 1 p
  13. HB 2141, -1 amendment, staff, 1 p
  14. HB 2141, written testimony, Bob Joondeph, 2 pp
  15. HB 2139A, written testimony, Stan Czerniak, 2 pp
  16. SB 424, written testimony, Jim Whinston, 4 pp
  17. HB 2222A, written testimony, Jason Barber, 2 pp
  18. HB 2222A, written testimony, Michael Grant, 2 pp
  19. SB 424, written testimony, Keith Strom, 1 p
  20. SB 424, written testimony, Rick L. Scheetz, 1 p