SENATE COMMITTEE ON JUDICIARY

 

 

June 08, 2005                                                                                                      Hearing Room 343

1:30 P.M.                                                                                                                           Tapes 160

 

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Charles Starr, Vice-Chair

Sen. Floyd Prozanski

Sen. Charlie Ringo

Sen. Vicki Walker

Sen. Doug Whitsett

 

MEMBER EXCUSED:          Sen. Roger Beyer

 

 

STAFF PRESENT:                 Heidi Moawad, Counsel

                                                Sam Sears, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD:        

HB 3159A – Public Hearing

HB 2297 – Public Hearing

HB 2361 – 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 160, A

002

Chair Burdick

Calls the meeting to order at 1:45 p.m. and opens a public hearing on HB 3159A.

HB 3159A – PUBLIC HEARING

006

Sam Sears

Counsel.  Describes HB 3159 relating to exempting certain licensed construction contractors from product liability civil actions brought for damages related to asbestos if the contractor used or installed products containing asbestos pursuant to plans, specifications or directions prepared by or on the behalf of the owner of the project.

009

Rep. Bob Ackerman

House District 13.    Submits testimony from Robert Burgess, CEO of Cascade Acoustics Inc. and a court document and testifies in support of HB 3159A (EXHIBITS A & B). 

051

Jessica Adamson

Associated General Contractors.  Testifies in support of HB 3159A.

057

David Douthwaite

Associated General Contractors.  Submits testimony and testifies in support of HB 3159A (EXHIBIT C).

102

Adamson

Addresses the testimony from Rep. Ackerman (Exhibits A & B).

133

Peter Preston

Oregon Title Lawyers Association.  Testifies in opposition to HB 3159A as the bill is currently written.

163

Preston

Talks about an administrative regulation in 1945 passed by the Oregon State Board of Health where hazardous products were listed.  Stresses that no contractors used air monitoring before 1972 to test for these hazardous materials.

193

Sen. Whitsett

Inquires what methodology was available in the 1945s through the 1970s.

198

Preston

States that the same technology used today was readily available during that time.

208

Chair Burdick

Asks if there is any hope for narrowing the bill down to resolve his opposition.

214

Preston

Argues that he does not believe there are compromises available for the current incarnation of the bill.

221

Chair Burdick

Closes the public hearing on HB 3159A and moves HB 2282 to Monday, June 13, 2005.  Opens a public hearing on HB 2297.

HB 2297 – PUBLIC HEARING

231

Heidi Moawad

Counsel.  Describes HB 2297 relating to expanding the circumstances under which public indecency is a felony.

245

Chair Burdick

Calls the meeting to order as a subcommittee at 2:01 p.m.

249

Brad Berry

Oregon District Attorneys Association.  Testifies in support of HB 2297.

270

Chair Burdick

Inquires if this is a problem elsewhere.

272

Berry

States that such prior-conviction problems are located elsewhere as well.

284

Chair Burdick

Closes the public hearing on HB 2297 and opens a public hearing on HB 2361.

HB 2361 – PUBLIC HEARING

289

Heidi Moawad

Counsel.  Describes HB 2361 relating to requiring a revocation of driving privileges of persons convicted of misdemeanor driving under the influence of intoxicants for a third or subsequent time. 

313

Bruce Pratt

Crime Victims United.  Testifies in support of HB 2361.

359

Brad Berry

Oregon District Attorneys Association.  Testifies in support of HB 2361.

378

Chair Burdick

Inquires about the bill applying to current cases being adjudicated.

384

Berry

Addresses the situations involving multiple offenses at the time of the bill passing.

395

Sen. Prozanski

Talks about the effects of this bill on current cases.

427

Chair Burdick

Closes the public hearing on HB 2361 and recesses the meeting at 2:12 p.m.

437

Chair Burdick

Calls the meeting to order at 3:25 p.m. and moves HB 2359, SB 1041, HB 2314, HB 2499, HB 2518A, HB 3352A, HB 2268A, and HB 2282A to Monday, June 13, 2005.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. HB 3159A, written testimony, Rep. Ackerman, 3 pp
  2. HB 3159A, Court Document, Rep. Ackerman, 30 pp
  3. HB 3159A, written testimony, David Douthwaite, 1 p