SENATE COMMITTEE ON JUDICIARY

 

 

May 17, 2005                                                                                                       Hearing Room 343

1:00 P.M.                                                                                                                  Tapes 139 - 140

 

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Charles Starr, Vice-Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Charlie Ringo

Sen. Vicki Walker

 

MEMBER EXCUSED:          Sen. Doug Whitsett

 

 

STAFF PRESENT:                 Sam Sears, Counsel

                                                Heidi Moawad, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD:        

HB 3459A – Public Hearing and Work Session

HB 2545A – Public Hearing

HB 2547 – Public Hearing

HB 2548 – Public Hearing

HB 3157A – Public Hearing

HB 3119 – Public Hearing

HB 2225 – 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 139, A

002

Chair Burdick

Calls the meeting to order at 1:15 p.m. and opens a public hearing on HB 3459A.

HB 3459A – PUBLIC HEARING

005

Sam Sears

Counsel.  Describes HB 3459A relating to expanding the definition of motor vehicle in statutes regulating motor vehicle franchises to include self-propelled devices used in construction, other than motor homes.  Introduces and describes the A2 amendment (EXHIBIT A).

021

Tim Martinez

Halton Corporation.  Testifies in support of HB 3459A with the -2 amendment. 

041

Jeff Simonson

Oregon Machinery Dealers Association.  Testifies in support of HB 3459A with the -2 amendment.

059

Chair Burdick

Closes the public hearing and opens a work session on HB 3459A.

HB 3459A – WORK SESSION

063

Sen. Starr

MOTION:  Moves to ADOPT HB 3459A-2 amendments dated 5/17/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Whitsett

068

Chair Burdick

Hearing no objection, declares the motion CARRIED.

068

Sen. Starr

MOTION:  Moves HB 3459A2 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Whitsett

070

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

072

Chair Burdick

Closes the work session on HB 3459A2 and opens a public hearing on HB 2545A.

HB 2545A – PUBLIC HEARING

078

Rep. Bob Ackerman

House District 13.  Submits testimony and testifies in support of HB 2545A (EXHIBIT B).

100

Rep. Ackerman

Talks about the separation of public records into exempt and non-exempt status from the public records law.

131

Sen. Walker

Asks about the different amendments (the -1 and -3 amendments).

134

Rep. Ackerman

Explains the situation with the different amendments.

148

Chair Burdick

Inquires about page 2 of the A-engrossed bill dealing with agencies complying with the public records requests.

158

Rep. Ackerman

Discusses the charges for the agencies resulting from a request made for accessible public records.

171

Chair Burdick

Closes the public hearing on HB 2545A and opens a public hearing on HB 2547.

HB 2547 – PUBLIC HEARING

175

Sam Sears

Counsel.  Describes HB 2547 relating to increasing the value of estates for which small estate affidavits may be filed.

188

Rep. Bob Ackerman

House District 13.  Submits testimony and testifies in support of HB 2547 (EXHIBIT C).

218

Chair Burdick

Closes the public hearing on HB 2547 and opens a public hearing on HB 2548.

HB 2548 – PUBLIC HEARING

222

Sam Sears

Counsel.  Describes HB 2548 relating to mandating arbitration in circuit court proceedings in which $50,000 or less is involved.

230

Rep. Bob Ackerman

House District 13.  Submits testimony and testifies in support of HB 2548 (EXHIBIT D).

275

Rep. Ackerman

Addresses the statistics that 80% of the time, the individuals involved with the litigation are satisfied with the end-result.

289

Chair Burdick

Asks how long the $25,000 limit has been set.

292

Rep. Ackerman

Replies at least 10 years, but is not sure.

297

Sen. Ringo

Inquires how many counties do not do this, and why.

299

Rep. Ackerman

States that Lane county is a major one, and talks about their reasoning behind this decision.

311

Sen. Ringo

Declares that mandatory arbitration is useful and cost-effective.

320

Chair Burdick

Closes the public hearing on HB 2548 and opens a public hearing on HB 3157A.

HB 3157A – PUBLIC HEARING

324

Sam Sears

Counsel.  Describes HB 3157A relating to providing that the duty of a county court or board of county commissioners to inspect local correctional facilities is discretionary for facilities not operated by the county.

331

Rep. Bob Ackerman

House District 13.  Testifies in support of HB 3157A.

365

Sen. Prozanski

Talks about the different correctional facilities where the county commissioners have discretion in inspectional responsibilities.

390

Anthony Bieda

Lane County.  Testifies in support of HB 3157A.

429

Paul Snyder

Association of Oregon Counties.  Testifies in support of HB 3157A.

434

Chair Burdick

Closes the public hearing on HB 3157A and opens a public hearing on HB 3119.

HB 3119 – PUBLIC HEARING

441

Rep. Sal Esquivel

House District 6.  Testifies in support of HB 3119.

TAPE 140, A

034

Rep. Esquivel

States that this bill is permissive, and gives the option to use computer-based data files instead of microfilm.

071

Sen. Prozanski

Asks if the security or safety of these documents (computer hackers, not being changed in the future, etc.) has been addressed.

083

Rep. Esquivel

Declares that this problem is encountered with every form of archiving/documentation storage.

113

Sen. Prozanski

Inquires what types of backups or security methods are in place to combat hackers, editing, alterations, etc.

129

Rep. Esquivel

Discusses some of the possible encryption and firewalls that would need to be implemented to protect these types of documents.

162

Diana Bradrick

Manager, Cartography and Records, Washington County.  Testifies in opposition to HB 3119.

206

Charlie Killian

Records & Information Technician, Clackamas County Records Management.  Submits a testimony packet and testifies in opposition to HB 3119 (EXHIBIT F).

240

Jan Coleman

Yamhill County, Oregon Association of County Clerks.  Submits testimony and testifies in opposition to HB 3119 (EXHIBIT E).  Discusses her history as a county clerk, and her reluctance to support the bill.

285

Coleman

States that microfilm is a permanent record because you can view and analyze the contents without the use of an ancillary device (viewing machine of some sort).

327

Sen. Prozanski

Inquires about the vote count among the clerks who supported and didn’t support HB 3119.  Asks if this process is being used anywhere else in the country, and if the state set a date to plan towards moving to other technologies to store our data.

335

Coleman

Replies that there were about a dozen who would like this bill to pass.  States

372

Roy Turnbaugh

State Archivist.  Submits testimony and testifies in opposition to HB 3119 (EXHIBIT G).  Stresses that paper and microfilm are the most reliable and stable mediums for storage.

410

Turnbaugh

Addresses several different mediums used in the past for media storage.

TAPE 139, B

005

Chair Burdick

Closes the public hearing on HB 3119 and opens a public hearing on HB 2225.

HB 2225 – PUBLIC HEARING

007

Heidi Moawad

Counsel.  Describes HB 2225 relating to establishing a standard of review for appeals from judgment in violation proceedings. 

021

Jonathan Fussner

Department of Justice.  Submits testimony and testifies in support of HB 2225 (EXHIBIT H).

057

Chair Burdick

Inquires how the system resulted in a more comprehensive review being implemented for a violation as opposed to cases with more serious offenses.

060

Fussner

Replies that he isn’t entirely sure, and discusses the legislative action on this issue in the past.

076

Sen. Prozanski

Raises his concern of the circuit court and court of appeals decisions on these de novo court cases.

090

Fussner

Stresses that this bill is not intended to affect how courts go from the circuit court/municipal court to the appellate court.

107

Chair Burdick

Closes the public hearing on HB 2225 and adjourns the meeting at 2:18 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. HB 3459A, -A2 amendment, staff, 1 p
  2. HB 2545, written testimony, Rep. Ackerman, 2 pp
  3. HB 2547, written testimony, Rep. Ackerman, 3 pp
  4. HB 2548, written testimony, Rep. Ackerman, 3 pp
  5. HB 3119, written testimony, Jan Coleman, 1 p
  6. HB 3119, testimony packet, Charlie Killian, 9 pp
  7. HB 3119, written testimony, Ray Turnbaugh, 1 p
  8. HB 2225, written testimony, Jonathan Fussner, 2 pp