SENATE COMMITTEE ON JUDICIARY

 

 

May 24, 2005                                                                                                       Hearing Room 343

1:00 P.M.                                                                                                                  Tapes 143 - 145

Corrected 10/26/05

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:                 Heidi Moawad, Counsel

                                                Sam Sears, Counsel

Dale Penn, Committee Assistant

 

MEASURES/ISSUES HEARD:        

HB 2050A – Public Hearing

HB 2185 – Public Hearing

HB 2225 – Work Session

HB 2213A – Public Hearing and Work Session

HB 2545A – Work Session

HB 2547A – Work Session

HB 2548 – Work Session

HB 3157A – Work Session

HB 2634A – 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 143, A

002

Chair Burdick

Calls the meeting to order at 1:12 p.m. and opens a public hearing on HB 2050A.

HB 2050A – PUBLIC HEARING

008

Heidi Moawad

Counsel.  Describes HB 2050A relating to requiring, as a condition of probation, parole, or post-prison supervision, that certain persons cannot reside within three miles of a victim of a crime if the victim requests an imposition of the condition.

027

Chair Burdick

Inquires about judicial discretion in counties that have less than 130,000 residents.

029

Moawad

Replies that Michael Selvaggio, legislative aide for Sen. Ringo, sponsor of the bill, can best answer any inquiries concerning the bill.

040

Michael Selvaggio

Legislative Aide, Sen. Charlie Ringo.  Submits testimony and testifies in support of HB 2050A (EXHIBIT A).

075

Selvaggio

Details the reasoning behind the exemption concerning counties under 130,000 residents.

073

Sen. Prozanski

Inquires why the number 130,000 was selected.

075

Selvaggio

Comments on the choice to provide an exemption to counties with less than 130,000 residents: anything less would cause a possible constitutional conflict.

105

Chair Burdick

Asks how the distance is measured (“as the crow flies” or driving).

106

Selvaggio

Replies that it is based as “the crow flies”: standard distance.  States that they desired to apply this bill only to the more populous counties, the most developed.

122

Chair Burdick

Stresses that the bill would only apply to the counties listed in his testimony: Clackamas, Deschutes, Jackson, Lane, Marion, Multnomah, and Washington.

123

Selvaggio

Replies that this is correct.

130

Sen. Whitsett

Talks about how current blue book estimates would place some of those counties under the 130,000 exemptions.  Comments on how this doesn’t apply to rural Oregon.

146

Selvaggio

Declares that the constitutional conflict dictated their limitations to counties with less than 130,000 residents.  States that he would like this to apply to rural Oregon, but they need to address the constitutional issue.

172

Sen. Prozanski

Brings up an issue with the drafting language of the bill dealing with offenders under the age of 18 who are making decisions that, because of this law, impacts them greatly: what about parental authority with these issues.

188

Moawad

Talks about the situation with representatives for under-age victims.

205

Chair Burdick

Offers a conflict that may exist between parents who wish one thing and the District Attorney who believes there is a danger in the parents’ choice and makes the choice for the family.

210

Sen. Prozanski

Discusses the problems dealing with representing a child.

232

Selvaggio

Stresses that cases of statutory rape (17 year old girl, 19 year old boy; the parents of the girl want to arbitrarily punish the boy) were heavily discussed with this bill.

242

Chair Burdick

Talks about the cases involving underage children as opposed to adults.

263

Moawad

Replies that she will work with Mr. Selvaggio to address these issues.

296

Sen. Whitsett

Asks why, if the judges can place these offenders in areas closer than three miles without conflicting with the constitution, they would need a bill fixing an issue that doesn’t exist.

319

Selvaggio

Replies with information on the need for the bill; trying to fill all the cracks in current law.  Clarifies the constitutional conflict they sought to circumvent with this bill.

352

Chair Burdick

Wonders about the smaller radius for rural counties.

361

Selvaggio

Responds that it was considered.

382

Jeff Wood

Sergeant, Parole and Probation Division, Marion County Sheriff’s Office.  Submits testimony and testifies in opposition to HB 2050A (EXHIBIT B).  Declares his support for the concept for the bill, but stresses that the fiscal impact would be too great to realistically initiate.

436

Sen. Whitsett

Inquires why such complicated and expensive methods are needed in these cases.

451

Wood

Replies that many offenders have multiple victims, and there are numerous criteria that increase the cost for so many victims.

TAPE 144, A

022

Sen. Walker

States that a recent bill passed in another session talked about the illegality of shifting these costs to the local counties.  Desires a fiscal impact from Legislative Fiscal.

032

Moawad

Addresses the fiscal impact from Legislative Fiscal: minimal to state or local agencies.

045

Moawad

States that these figures were not discussed in front of the House Judiciary Committee.

051

Sen. Walker

Declares that an inquisition to Legislative Fiscal on these new figures would be needed.

071

Chair Burdick

Asks for continued work on this bill.  States that it seems like there are enough resources on-line or otherwise that would make their jobs easier.

078

Wood

States that many resources online would not be secure or updated regularly: their own system would be secure and valid.

093

Sen. Prozanski

Addresses the past bill on unfunded mandates.

126

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Testifies on the implementation problems with this bill.  Brings up the issue that the victim’s address is confidential during this process.

148

Chair Burdick

Inquires if there would be a problem with the victim knowing where the offender lives.

150

Skye

Replies that she doesn’t know if that information is confidential, so she cannot address that question.

162

Sen. Walker

Talks about the sex offender registry.  Discusses the problems of where this sex offender is going to live.

183

Skye

Comments on several issues with the implementation of the bill.

216

Sen. Walker

Details the difficulty in transitional housing.

241

Sen. Beyer

Addresses Article 11, section 15 of the Oregon Constitution dealing with this issue.

249

Sen. Prozanski

Brings up an issue of the victim moving within those three miles of the offender.

256

Chair Burdick

Closes the public hearing on HB 2050A and opens a public hearing on HB 2185.

HB 2185 – PUBLIC HEARING

244

Heidi Moawad

Counsel.  Describes HB 2185 relating to increasing the period of time a person is ineligible to receive a hardship permit if a person refused to take a breath or blood test and a person previously had been charged with the offense of driving while under the influence of intoxicants. 

289

Vinita Howard

Submits written testimony and testifies in support of HB 2185 (EXHIBIT C).  Introduces written testimony from Anne Pratt and Lloyd Clodfelter (EXHIBITS D & E).

355

Sen. Prozanski

Asks about the parameters for the statute.

370

Howard

Replies with information on the legal parameters for the bill and statute relating to taking the breath or blood test.

387

Chair Burdick

Clarifies the charges resulting from the bill.

393

Sen. Prozanski

States that the bill has only minor changes in statute.  Inquires about a person who was charged before, and didn’t take the test, would this bill be triggered without a conviction.

432

Howard

Addresses the concept of the implied consent law.

TAPE 143, B

007

Sen. Prozanski

Comments on enhanced suspension periods being altered by this bill; very little other statutory changes result from this bill.

033

Moawad

Declares that, if a person successfully completed their diversion program, and another offense occurred within these five years, they would be covered by this new bill.

059

Troy Costales

Oregon Department of Transportation.  Submits testimony and testifies in support of HB 2185 (EXHIBIT F).  Talks about the exemptions facing a citizen if a driving license was taken away: a hardship permit.

096

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Testifies in opposition to HB 2185.  Declares that there is already an incentive (a law with repercussions) to take the blood/breath test. 

110

Chair Burdick

Asks if this would keep people from getting licenses.

112

Skye

Replies that it would keep people from getting a hardship permit.

117

Sen. Prozanski

Brings up the issue of enhancing the penalties for refusing to take the blood/breath test on a second offense.

136

Moawad

Inquires about the unconstitutionality of forcing the blood/breath test.

139

Skye

Responds that the particular judge on that case made the judgment due to a double jeopardy clause and dismissed the offense.

153

Sen. Prozanski

Asks if that case was up for appeal and when it occurred.

155

Moawad

Addresses the history of this particular case. 

174

Chair Burdick

Closes the public hearing on HB 2185 and opens a work session on HB 2225.

HB 2225 – WORK SESSION

179

Heidi Moawad

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

195

Sen. Starr

MOTION:  Moves HB 2225 to the floor with a DO PASS recommendation.

200

Sen. Whitsett

Asks about the appellate court judges’ opinions on this bill.

203

Moawad

States that she is not aware of any judges having an opinion about this bill.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

236

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WHITSETT will lead discussion on the floor.

241

Chair Burdick

Closes the work session on HB 2225 and opens a public hearing on HB 2213.

HB 2213A – PUBLIC HEARING

245

Sam Sears

Counsel.  Describes HB 2213A relating to declaring state policy regarding spousal support obligations. 

264

Ronelle Shankle

Department of Justice.  Submits testimony and testifies in support of HB 2213A (EXHIBIT G)

297

Shani Fuller

Oregon Child Support Program.  Testifies in support of HB 2213A.  Addresses a possible conflict in current statute that this bill seeks to fix.

330

Fuller

Discusses the amendment that was enacted by the House.

356

Chair Burdick

Asks how much of the caseload falls into the low-income category.

358

Fuller

Replies that around 280 cases fall under this criteria.

363

Sen. Whitsett

Inquires how they are able to give certain protections to sections of the populace (low-income) that are not available to all citizens.

372

Shankle

Offers information on those individuals who require state assistance (the threshold the state uses).

391

Sam Sears

Addresses the class of individuals who would be segregated by this bill; wealth is the criteria, and it is not a protected class.

437

Sen. Whitsett

Talks about the discriminatory stature of separating classes.

447

Shankle

Declares that there might be a time where the state could provide these services to a broader base.

463

Loralee McKee

Lane County District Attorney’s Office.  Submits testimony and testifies in support of HB 2213A (EXHIBIT H).

TAPE 144, B

032

McKee

Details a story of spousal support obligations that addresses the conflicts they seek to fix.

058

McKee

Talks about another spousal support case that fell into the problems this bill attempts to fix.

101

McKee

Stresses that this bill is not “anti-spousal support,” but rather attempts to use the department’s limited resources to the best of their ability.

107

Chair Burdick

Inquires if there are other legal remedies through the judicial process available.

110

Shankle

Replies yes.

113

Sen. Beyer

Inquires who the “administrator” is in the bill on lines 8 and 9.

118

Shankle

Responds that the person is the administrator of the child support services.

123

Fuller

States that whenever they provide child support services, they are required to provide other spousal support services that require administration.

139

Chair Burdick

Closes the public hearing and opens a work session on HB 2213A.

HB 2213A – WORK SESSION

150

Sen. Starr

MOTION:  Moves HB 2213A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Whitsett

153

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

160

Chair Burdick

Closes the work session on HB 2213A and opens a work session on HB 2545A.

HB 2545A – WORK SESSION

162

Sam Sears

Counsel.  Describes HB 2545A, which allows a public body, in order to comply with request for disclosure of public records, to establish a fee to reimburse the public body for time spent by attorney to review records, redact material from records or segregate records into exempt and nonexempt records.

172

Chair Burdick

Comments on previous testimony.

178

Sen. Starr

MOTION:  Moves HB 2545A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Whitsett

181

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

183

Chair Burdick

Closes work session on HB 2545A. Opens a work session on HB 2547.

HB 2547A – WORK SESSION

184

Sam Sears

Counsel.  Provides background on HB 2547A, which increases the value of estate for which a small estate affidavit may be filed.

200

Sen. Starr

MOTION:  Moves HB 2547 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Whitsett

204

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. STARR will lead discussion on the floor.

206

Chair Burdick

Closes work session on HB 2547. Opens a work session on HB 2548.

HB 2548 – WORK SESSION

208

Sam Sears

Counsel.  Provides background on HB 2548, which mandates arbitration in circuit court proceedings in which $50,000 or less is involved.

217

Sen. Starr

MOTION:  Moves HB 2548 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Whitsett

219

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

221

Burdick

Closes work session on HB 2548. Opens a work session on HB 3157A.

HB 3157A – WORK SESSION

222

Sam Sears

Counsel. Provides background on HB 3157A, which provides that the duty of a county court or board of county commissioners to inspect the local correctional facilities is discretionary for the facilities not operated by the county.

232

Prozanski

Expresses his reservations, but agrees with the checks and balances.

242

Walker

Comments on the 58-1-0 vote on the House. 

248

Sen. Starr

MOTION:  Moves HB 3157A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Whitsett

251

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

253

Burdick

Opens a public hearing on HB 2634 A.

HB 2634A – PUBLIC HEARING

256

Sam Sears

Counsel.  Provides background on HB 2634A, which establishes pleading requirements for actions asserting a professional negligence against real estate licenses.

267

Jana Jarvis

Government Affairs Director, Oregon Association of Realtors. Submits written testimony (EXHIBIT I) and testifies in support of HB 2634A.

279

Matt Farmer

Associate General Counsel, Oregon Association of Realtors.  Testifies in support of HB 2634 A.

327

Emily Cedarleaf

Executive Director, Multifamily Housing Council of Oregon.  Submits written testimony (EXHIBIT J) and testifies in opposition to HB 2634A.

TAPE 145, A

010

Walker

Questions whether Ms. Cedarleaf is a lawyer. 

012

Cedarleaf

Explains her occupation and involvement with this issue.

018

Walker

Asks about the drafting of the bill.

021

Cedarleaf

Explains how difficult it is to research in a vacuum.  Talks about the drafting of the bill.

030

Rep. Bob Ackerman

House District 13.  Testifies in support of HB 2634A.  Discusses malpractice claims.

066

Walker

Comments on “tort reform.”  Expresses her support for HB 2634A.

072

Prozanski

Inquires about the notarized statement, and if the individual is disclosed.

075

Rep. Ackerman

Responds that he does not think so, and argues that he believes it requires a notification statement.

083

Burdick

Closes public hearing on HB 2634A.  Adjourns the meeting at 3:08 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. HB 2050, written testimony, Michael Selvaggio, 1 p
  2. HB 2050, written testimony, Jeff Wood, 3 pp
  3. HB 2185, written testimony, Vinita Howard, 2 pp
  4. HB 2185, written testimony, Anne Pratt, 1 p
  5. HB 2185, written testimony, Lloyd Clodfelter, 1 p
  6. HB 2185, written testimony, Troy Costales, 1 p
  7. HB 2213A, written testimony, Ronelle Shankle, 2 pp
  8. HB 2213A, written testimony, Loralee McKee, 2 pp
  9. HB 2634, written testimony, Jana Jarvis, 2 pp
  10. HB 2634A, written testimony, Emily Cedarleaf, 2 pp