SENATE COMMITTEE ON JUDICIARY

 

 

May 19, 2005                                                                                                       Hearing Room 343

1:00 P.M.                                                                                                                  Tapes 141 - 142

 

MEMBERS PRESENT:         Sen. Charles Starr, Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Charlie Ringo

Sen. Vicki Walker

Sen. Doug Whitsett

 

MEMBER EXCUSED:          Sen. Ginny Burdick

 

STAFF PRESENT:                 Joe O'Leary, Counsel

Dale Penn, Committee Assistant

 

MEASURES/ISSUES HEARD:                    

HB 2051 – Public Hearing

HB 2415A – Public Hearing

HB 2416A – Public Hearing

HB 2978A – Public Hearing

HB 3266 – Public Hearing

HB 2144 – Public Hearing

SB 806 – Work Session

HCR 11 – Public Hearing and Work Session

HB 2145 – Public Hearing

HB 2723 – Public Hearing

HB 2724 – 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 141, A

003

Chair Starr

Calls the meeting to order at 1:08 p.m. as a subcommittee and opens a public hearing on HB 2051.

HB 2051 – PUBLIC HEARING

010

William E. Taylor

Counsel.  Describes HB 2051 relating to modifying the provisions relating to youth offender foster homes.

016

Karen Andall

Executive Assistant, Oregon Youth Authority.  Submits testimony and testifies in support of HB 2051 (EXHIBIT A).

040

Chair Starr

Closes the public hearing on HB 2051 and opens a public hearing HB 2415.

HB 2415A – PUBLIC HEARING

049

Sam Sears

Counsel.  Describes HB 2415A relating to establishing rules governing the passage of property from an elderly and incapacitated person who suffers physical or financial abuse that result in a felony conviction of the abuser.

066

Bertran Copp

Monmouth, Oregon.  Submits testimony and testifies in support of HB 2415A (EXHIBIT B).

105

Rep. Mark Hass

House District 27.  Submits testimony from Timothy Marble and testifies in support of HB 2415A (EXHIBIT C).

140

Sen. Prozanski

Inquires about a possible emergency clause for this bill.

151

Rep. Hass

States that no thought was given towards an emergency clause.

164

Chair Starr

Closes the public hearing on HB 2415A and opens a public hearing on HB 2416A.

HB 2416A – PUBLIC HEARING

166

Rep. Mark Hass

House District 27.  Testifies in support of HB 2416A.

188

Chair Starr

Closes the public hearing on HB 2416A and opens a public hearing on HB 2978A.

HB 2978A – PUBLIC HEARING

196

Sam Sears

Counsel.  Describes HB 2978A relating to permitting the court in a judgment of annulment, separation, or dissolution of marriage to order the revocation of the designation of beneficiary made by the principal in favor of a spouse or relative of spouse in life insurance policies or under certain retirement plans or certain investment and bank accounts.

204

John Case

Oregon State Bar, Family Law Section.  Submits testimony and testifies in support of HB 2978 (EXHIBIT D).

241

Chair Starr

Closes the public hearing on HB 2978 and opens a public hearing on HB 3266.

HB 3266 – PUBLIC HEARING

250

Sam Sears

Counsel.  Describes HB 3266 relating to modifying the definition of “financial institution” in relation to a seller’s property disclosure statement.

257

Tim Martinez

Oregon Bankers Association.  Testifies in support of HB 3266.

287

Chair Starr

Closes the public hearing on HB 3266 and opens a public hearing on HB 2144.

HB 2144 – PUBLIC HEARING

293

Heidi Moawad

Counsel.  Describes HB 2144 relating to modifying the conditions of probation for a person previously convicted of a sex offense.

319

Ginger Martin

Assistant Director, Department of Corrections.  Submits testimony and testifies in support of HB 2144 (EXHIBIT E).

341

Pat Schreiner

Marion County Sheriff’s Office.  Testifies in support of HB 2144.

369

John Hummel

Oregon Criminal Defense Lawyers Association.  Testifies in opposition to HB 2144. 

400

Hummel

Stresses that a juvenile offender should be able to complete treatment and debt, and move on in society.  States his support of the bill if the juvenile offense section was removed.

431

Sen. Walker

Asks if the witness gave the same testimony in the House Judiciary Committee.  Wonders about the relevant statute cited in the bill.

435

Hummel

States that he gave the same testimony.  Describes the Oregon statute dealing with juvenile sex offenses (in-state and out-of-state).

TAPE 142, A

024

Sen. Walker

Talks about her concerns over the three-year range that allows a 19 year-old to have sexual relations with a 16 year-old.

035

Hummel

Addresses the specific “age defense” discussed above.

043

Sen. Walker

Comments on the effects of the bill for juvenile sex offenders.

050

Hummel

Explains the effects of the bill; how probation officers are allowed to look at previous records (juvenile, etc.) if another offense has occurred.

070

Chair Starr

Closes the public hearing on HB 2144 and opens the committee as a full-committee.  Opens a work session on SB 806.

SB 806 – WORK SESSION

084

Sen. Prozanski

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering the vote by which the committee passed SB 806.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Burdick, Ringo

091

Chair Starr

Hearing no objection, declares the motion CARRIED.

095

Sen. Prozanski

MOTION:  Moves to RECONSIDER the vote by which SB 806 was passed.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Burdick, Ringo

104

Chair Starr

Hearing no objection, declares the motion CARRIED.

105

William E. Taylor

Counsel.  Describes SB 806 relating to expanding the definition of a public body under the Oregon Tort Claims Act to include private, nonprofit organizations that provide transportation services.  Introduces and describes the -4 amendment (EXHIBIT F)

141

Sen. Prozanski

MOTION:  Moves to RESCIND the -2 amendments by which SB 806 was passed.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Burdick, Ringo

145

Chair Starr

Hearing no objection, declares the motion CARRIED.

148

Sen. Beyer

MOTION:  Moves to ADOPT SB 806-4 amendments dated 5/17/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Burdick, Ringo

151

Chair Starr

Hearing no objection, declares the motion CARRIED.

152

Sen. Beyer

MOTION:  Moves SB 806 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Burdick, Ringo

155

Chair Starr

Hearing no objection, declares the motion CARRIED.

SEN. GEORGE will lead discussion on the floor.

159

Chair Starr

Closes the work session on SB 806 and opens a public hearing on HCR 11.

HBR 11 – PUBLIC HEARING

166

Heidi Moawad

Counsel.  Describes HCR 11 relating to recognizing the contributions of Robert Kouns to crime victims’ rights in Oregon.  Introduces and describes the -1 amendment (EXHIBIT G).

191

Steve Doell

President, Crime Victims United.  Submits testimony and testifies in support of HCR 11 (EXHIBITS H).

240

Doell

Continues his discussion on the accomplishments and contributions of Robert Kouns.

280

Doell

Describes the legislative contributions and actions of Robert Kouns.

295

Rep. Jerry Krummel

House District 26.  Testifies in support of HCR 11.  Stresses the importance of honoring Robert Kouns, an advocate for victim’s rights.

340

Rep. Krummel

Addresses the introduced story on Robert Kouns (EXHIBIT I).

365

Rep. Krummel

Talks about the -1 amendment (Exhibit G).

419

Anne Pratt

Crime Victims United.  Submits testimony and testifies in support of HBR 11 (EXHIBIT J).

TAPE 141, B

017

Paul Snider

Association of Oregon Counties.  Testifies in support of HCR 11.

033

Chair Starr

Closes the public hearing and opens a work session on HCR 11.

HCR 11 – WORK SESSION

038

Sen. Prozanski

MOTION:  Moves to ADOPT HCR 11-1 amendments dated 5/19/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Burdick, Ringo

043

Chair Starr

Hearing no objection, declares the motion CARRIED.

044

Sen. Prozanski

MOTION:  Moves HCR 11 be sent to the floor with a BE ADOPTED AS AMENDED recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Burdick, Ringo

047

Chair Starr

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

055

Chair Starr

Closes the work session on HCR 11 and opens a public hearing on HB 2145.

HB 2145 – PUBLIC HEARING

060

Heidi Moawad

Counsel.  Describes HB 2145 relating to providing that county parole and probation officers to have the powers of peace officers in execution of their duties.

074

Ginger Martin

Assistant Director for Transitional Services.  Submits testimony and testifies in support of HB 2145 (EXHIBIT K).

078

Sen. Prozanski

Asks about the powers parole and probation officers will be given under this bill.  Expresses his desire to explain the limitations on the powers in statute.

085

Martin

Describes the powers which would be better defined by passing the bill.

100

Chair Starr

Closes the public hearing on HB 2145 and opens a public hearing on HB 2723.

HB 2723 – PUBLIC HEARING

106

Heidi Moawad

Counsel.  Describes HB 2723 relating to requiring the employer to grant leaves of absence to public safety officers who are on the Board on Public Safety Standards and Training or on the committee established by the board to allow the officer to attend meetings and perform the duties of the board or committee. 

120

Brian DeLashmutt

Oregon Council of Police Associations.  Testifies in support of HB 2723.

151

Glen Scruggs

President, Police Association, City of Tigard.  Testifies in support of HB 2723.

173

Sen. Whitsett

Inquires about a small rural agency having difficulties adhering to this program.

176

Scruggs

Replies that it may be possible; goes on to discuss how his department organizes these meetings.

182

DeLashmutt

Declares that there is some tradeoff for the smaller communities.

187

Sen. Whitsett

States that in his district, officers who are normally 45 minutes away, who attend the meeting, may be even farther away in emergency cases.

199

Chair Starr

Closes the public hearing on HB 2723 and opens a public hearing on HB 2724.

HB 2724 – PUBLIC HEARING

208

Heidi Moawad

Counsel.  Describes HB 2724 relating to providing that a home address, home telephone number, and an electronic mail address of public safety officers are exempt from disclosure.  Introduces and describes the -1 amendment (EXHIBIT L).

219

Brian DeLashmutt

Oregon Council of Police Associations.  Testifies in support of HB 2724.

270

Dan Cardinal

Public Safety Officer, Washington County Sheriff’s Office.  Testifies in support of HB 2724.  Discusses his experience with an individual stalking and harassing his family.

329

James Morales

Benton County Clerk, Oregon Association of County Clerks.  Submits testimony and testifies in support of HB 2724 with the -1 amendment (EXHIBIT M). 

375

Morales

Details his responsibility for elections as a county clerk.

406

Paul Snider

Association of Oregon Counties.  Testifies in opposition to HB 2724.

TAPE 142, B

008

Sen. Prozanski

Talks about the statute that deals with the definition of a public safety officer.  Raises certain concerns with the bill that might affect the scope of the bill.

019

Snider

Agrees that the scope of the bill might broaden even more with this definition.

059

Diana Bradrick

Manager, Cartography and Records, Washington County.  Testifies in opposition to HB 2724.

065

Sen. Beyer

Inquires if this concern was raised in the house.

066

Morales

Replies that the bill moved too fast and they were unable to address these issues before it was sent to the floor.

085

Rep. Larry Galizio

House District 35.  Testifies in support of HB 2724.  States that he wishes these concerns would have been brought up in the House Judiciary Committee.

110

Sen. Prozanski

Comments on the valid point raised by the clerks; the officers who want the protection need to seek it out.

125

DeLashmutt

Stresses that they wanted to leave it to the specific jurisdictions as to how the bill is upheld.  Declares that there was ample opportunity before the bill had a hearing to bring these issues to the committee.

149

Sen. Beyer

Talks about certain drafting choices to allow the jurisdictions to redact information on public safety officers.

173

Jack Monroe

Oregon Land Title Association.  Testifies in support of the -1 amendment for HB 2724. 

185

Chair Starr

Closes the work session on HB 2724 and adjourns the meeting at 2:45 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. HB 2051, written testimony, Karen Andall, 1 p
  2. HB 2415A, written testimony, Bertran Copp, 3 pp
  3. HB 2415A, written testimony, Rep. Hass, 7 pp
  4. HB 2978A, written testimony, John Case, 1 p
  5. HB 2144, written testimony, Ginger Martin, 1 p
  6. SB 806, -4 amendment, staff, 1 p
  7. HCR 11, -1 amendment, staff, 1 p
  8. HCR 11, written testimony, Steve Doell, 2 pp
  9. HCR 11, Story on Robert Kouns, Rep. Krummel, 1 p
  10. HCR 11, written testimony, Anne Pratt, 1 p
  11. HB 2145, written testimony, Ginger Martin, 1 p
  12. HB 2724, -1 amendment, staff, 1 p
  13. HB 2724, written testimony, James Morales, 2 pp