SENATE COMMITTEE ON JUDICIARY

 

 

June 13, 2005                                                                                                      Hearing Room 343

3:00 P.M.                                                                                                                  Tapes 165 - 166

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:                 Bill Taylor, Counsel

                                                Joe O’Leary, Counsel

                                                Heidi Moawad, Counsel

                                                Sam Sears, Counsel

Elizabeth Howe, Committee Assistant

 

MEASURES/ISSUES HEARD:        

HB 2518 – Public Hearing and Work Session

HB 2499 – Public Hearing

HB 2359A – Work Session

SB 65 – Work Session

SB 1041 – Work Session

HB 2268A – Public Hearing and Work Session

HB 2742A – Public Hearing

HB 2599A – Public Hearing

HB 2667 – Public Hearing

HB 2156 – 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 165, A

002

Chair Burdick

Calls the meeting to order at 1:15 p.m.  Opens a public hearing on HB 2518.

HB 2518A – PUBLIC HEARING

006

Sam Sears

Counsel.  Provides background on HB 2518A, which allows the Public Safety Memorial Fund Board to extend time for an applicant for benefits to file a request for reconsideration and for the board to notify the applicant of the board’s decision on reconsideration.

014

Rep. Mitch Greenlick

House District 33.  Testifies in support of HB 2518A, and explains the background of the bill.

041

Chair Burdick

Closes public hearing and opens a work session on HB 2518A.

HB 2518A – WORK SESSION

045

Sen. Starr

MOTION:  Moves HB 2518A to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

048

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

050

Chair Burdick

Opens a public hearing on HB 2499.

HB 2499 – PUBLIC HEARING

052

Sam Sears

Counsel.  Provides background on HB 2499, which removes the requirement that certain children attending high school and receiving child support maintain the equivalent of a C average or better.

064

Sen. Prozanski

Relates that Rep. Schaufler supports HB 2499, and that this bill may be included in a different bill.

077

Shani Fuller

Oregon Child Support Program, Department of Justice. Testifies in a neutral stance on HB 2499 and relates that another bill encompasses this bill.

090

Chair Burdick

Inquires about schools that have no grades; systems of pass or no pass.

092

Fuller

Responds that passing is at least a C grade average.

096

Sybil Hebb

Oregon Law Center.  Testifies in support of HB 2499.

102

Chair Burdick

Inquires about other bills working their way through the process with similar effects.

104

Fuller

Relates that SB 1050 is the other bill being considered that encompasses the content on HB 2499.

109

Sen. Prozanski

Comments on SB 1050.

112

Chair Burdick

States that she will wait on the bill.  Closes public hearing on HB 2499.  Opens a work session to reconsider the vote on HB 2359 A.

HB 2359 A – WORK SESSION

120

Sen. Starr

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering the vote on HB 2359A.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

128

Chair Burdick

Hearing no objection, declares the motion CARRIED.

130

Sen. Starr

MOTION:  Moves to RECONSIDER the vote by which HB 2359A was sent to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

137

Sam Sears

Counsel.  Explains that the bill has conflict amendments.  Introduces the –A2 amendment (EXHIBIT I).

138

Chair Burdick

Hearing no objection, declares the motion CARRIED.

139

Sen. Starr

MOTION:  Moves to ADOPT HB 2359A-A2 amendments dated 6/6/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

143

Chair Burdick

Hearing no objection, declares the motion CARRIED.

145

Sen. Starr

MOTION:  Moves HB 2359A to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

149

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

151

Chair Burdick

Closes work session on HB 2359A and opens a work session on SB 65.

SB 65 – WORK SESSION

155

Bill Taylor

Counsel.  Provides background on SB 65, which authorizes the Department of Public Safety Standards and Training to impose a civil penalty on public safety agencies for the violation of statutes prohibiting the employment of uncertified employees.  Introduces the -3 amendment (EXHIBIT H).

169

Sen. Whitsett

Comments that the bill may make it difficult for small police agencies to work effectively and fund the training (small, rural communities).  Suggests that an under trained officer is better than none at all.  Expresses opposition to the bill.

182

John Minnis

Director, Department of Public Safety Standards and Training (DPSST).  Comments on the vicarious liability of an officer who is under trained or not certified not being someone a city, small or large, wants in their jurisdiction.

201

Sen. Whitsett

Suggests that small jurisdiction may not be able to afford these certifications.

208

Sen. Prozanski

Inquires how the fine will be figured.

216

Minnis

Responds that the intent of the agency is to get organizations to comply, not to hammer down on police departments.  Relates that a private agency has the greatest compliance issue; it is infrequent.

243

Sen. Starr

Comments on the small communities that contract with other jurisdictions to find full-time trained officers.  Inquires if this method is commonly employed.

250

Minnis

Responds affirmatively.

258

Sen. Beyer

Comments on the private security force; the bill speaks of public safety.

261

Minnis

Describes an instance with a private security force that comes out of the public safety domain. 

270

Sen. Beyer

Inquires if the DPSST has the authority to police private, but not public, security.

273

Minnis

Responds affirmatively.

279

Sen. Starr

MOTION:  Moves to ADOPT SB 65-3 amendments dated 3/17/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

284

Chair Burdick

Hearing no objection, declares the motion CARRIED.

285

Sen. Starr

MOTION:  Moves SB 65 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-2-1

AYE:               4 - Prozanski, Starr C., Walker, Burdick

NAY:               2 - Beyer, Whitsett

EXCUSED:     1 - Ringo

296

Chair Burdick

The motion CARRIES.

SEN. BURDICK will lead discussion on the floor.

299

Chair Burdick

Closes the work session on SB 65 and opens a work session on SB 1041.

SB 1041 – WORK SESSION

304

Bill Taylor

Counsel.  Provides background on SB 1041 relating to creating civil action for custodial interference in any degree.  Introduces the -4 amendments (EXHIBIT A).

327

Chair Burdick

Inquires about the criminal conviction prejudice and your ability to use that defense.

329

Taylor

Responds that it would not be usable.

340

Chair Burdick

Inquires about the difference in the -4 amendment.

342

Taylor

Describes the -4 amendment; focuses on the differences between the -4 and -3 amendments.

360

Sen. Whitsett

Inquires about causes of action in section 2 of the -4 amendment, and if it would apply retroactively.

364

Taylor

Explains causes of action, and stresses that it would apply retroactively.

381

BeaLisa Sydlik

Oregon Law Center Policy Analyst.  Expresses their support for the policy considerations of SB 1041.  Relates the concerns they have with the amendments.

TAPE 166, A

011

Chair Burdick

Inquires if the retroactive aspect would help or hinder the fiscal.

012

Sydlik

Responds that it would help to remove the retroactive effect, but the fiscal effect would still be quite high.

022

Sen. Starr

Comments that there is a real problem.  Inquires how justice can be reasonably provided to the parents who have been subjected to this offense.

030

Sydlik

Explains the existing statutes for relief; temporary custody orders, writs/orders of assistance, etc.

052

Sen. Starr

Comments on the inadequacy in how custodial interference is currently handled.

069

Sen. Whitsett

Expresses his opposition to SB 1041.  Suggests that this is not the right vehicle for the issue.

079

Chair Burdick

Inquires about the action being taken on the issue.

082

Sydlik

Explains the action taken on parental abduction from many different perspectives.

092

Chair Burdick

Inquires if legislative proposals will come out of these groups.

094

Sydlik

Declares that it is a possibility.  Comments on the lack of awareness education.

101

Sen. Prozanski

Requests that we look at models of other states’ solutions.  Stresses that SB 1041 does not get to the issues needed to be addressed.

114

Chair Burdick

Closes work session on SB 1041.  Opens a public hearing on
HB 2268A.

HB 2268A – PUBLIC HEARING

122

Bill Taylor

Counsel.  Provides background on HB 2268A which modifies the rules governing appraisal exchanges in condemnation actions.

148

Wendy Johnson

Deputy Director, Oregon Law Commission.  Explains HB 2268A.

164

Chair Burdick

Closes public hearing and opens a work session on HB 2268A.

HB 2268A – WORK SESSION

167

Sen. Starr

MOTION:  Moves HB 2268A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

170

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

173

Chair Burdick

Closes work session on HB 2268A and opens a public hearing on HB 2742A.

HB 2742A – PUBLIC HEARING

177

Joe O’Leary

Counsel.  Provides background on HB 2742A relating to establishing a Safe Routes to Schools Fund.

203

Troy E. Costales

Manager, Transportation Safety Division, Department of Transportation.  Submits written testimony (EXHIBIT B) and testifies in support of HB 2742 A.

237

Chair Burdick

Questions if bill has been through budget process.

238

Costales

Explains that the referral to Ways and Means was removed; fiscal is indeterminate as they do not know how much Congress will allot.

249

Chair Burdick

Inquires if it is federal funds that they are discussing.

251

Costales

Responds affirmatively, and adds that other grants may be used/acquired for use in this Safe Routes to Schools Fund.

260

Sen. Prozanski

Inquires about the authority to gather and disperse grants: does authorization need to be given by Ways and Means.

267

Costales

Responds that they do have the statutory authority.

273

Sen. Beyer

Inquires if a bill is needed to apply for these grants.

277

Costales

Responds that the US Department of Transportation grants can be applied for by the Oregon Department of Transportation.

279

Sen. Beyer

Asks where this money goes if the bill does not pass.  Inquires if other agencies can apply for these federal grants.

284

Costales

Explains what would happen if the bill does not pass.  Responds that grant funds usually flow through the state.

308

Sen. Whitsett

Inquires if this would affect land use planning, restrict community, commercial, or industrial development, alter automobile access or parking, or create authorization for imminent domain action.

317

Costales

Responds that it must be determined locally.

345

Sen. Whitsett

Questions whether decisions on these plans are made by stakeholders, officials, or the Transportation Safety Committee (TSC).

351

Costales

Responds that local transportation authority will determine the safe routes.

359

Sen. Whitsett

Inquires if this is a parent, stakeholder, or public official.

366

Costales

Replies that the school district, and local authority, city, county, or state would make those decisions.

373

Scott Bricker

Bicycle Transportation Alliance/Willamette Pedestrian Coalition.  Submits written testimony (EXHIBIT C) and testifies in support of HB 2742A. 

439

Julie Warncke

Transportation Manager, Salem Public Works Department, City of Salem.  Testifies in support of HB 2742 A.

TAPE 165, B

033

Chair Burdick

Closes public hearing on HB 2742A and opens a public hearing on HB 2599A.

HB 2599A – PUBLIC HEARING

040

Heidi Moawad

Counsel.  Provides background on HB 2599A which exempts from public disclosure personal information about customers of a public body providing water, sewer, or storm drain services.  Introduces the -A4 (EXHBIIT D) and -A5 (EXHIBIT E) amendments to HB 2599A.

064

Chair Burdick

Relates that she would like to focus on the –A4 amendment and the body of the original bill.

069

Sen. Starr

Suggests that the –A4 amendment is in violation of the ‘relating to’ clause.

077

Moawad

Responds that counsel has spoken to Legislative Counsel who approved the amendments with this relating clause.

085

Chair Burdick

Questions whether the original content of the bill needs to be kept.

086

Moawad

Responds that the original bill does not need to be retained.

088

Sen. Starr

States that he is okay with the bill at this time.

101

Genoa Ingram

Oregon Special Districts Association.  Requests that the original bill remain intact even if –A4 amendments are included.  Submits written testimony (EXHIBIT J).

114

Chair Burdick

Relates that it was at the Chair’s direction that the –A4 amendments replace the entire bill.  States that it does not have to remain that way.

118

Ingram

Testifies in support of the original bill, and provides background on the bill.  Relates that there has been no opposition to the bill.

164

Chair Burdick

Describes her concern for the bill; talked about the Portland Water Bureau.

178

Ingram

Responds that it was the Tualatin Water District.  Comments on the policy to protect citizens in order to expose a very few.  States that municipal districts are not required to share information.

198

Sen. Prozanski

Suggests an amendment that would allow information relating to how much water is being consumed or used, rather than the personal information of individuals, to be accessed.

211

Chair Burdick

Agrees with Sen. Prozanski’s suggestion.

219

Libby Henry

City of Eugene, Eugene Water and Electric Board.  Expresses concerns about the original HB 2599A.  Requests an amendment.

249

Ingram

Expresses agreement.

260

Kevin Neely

Office of the Attorney General, Oregon Department of Justice.  Expresses support for protecting individuals from identity theft.  Relates the provisions for maintaining privacy, and personal identity exemption.

321

Chair Burdick

Requests that he work on the language.  Inquires about exemptions in public records law.

327

Neely

Relates the ORS chapter (192.501) where the exemption language is found.

342

Chair Burdick

States that if the meter location was left open there would be no argument making it a conditional decision.

347

Sen. Beyer

Comments that he has never thought to keep these sorts of records private.

357

Neely

Addresses policy issues that would have a blanket policy or not.

372

Scott Taylor

Chief of Community Corrections, Oregon Department of Correction.  Testifies in support of HB 2599A, with the –A4 amendments. 

397

Pat Schreiner

Oregon Association of Community Corrections Directors/Sex Offender Supervision Network.  Testifies in support of HB 2599A with the –A4 amendments.

429

Chair Burdick

Inquires if there are concerns on the –A4 amendments.

432

Sen. Walker

Suggests holding onto HB 2599A.  Relates an issue concerning the identity of mandatory reporters.

TAPE 166, B

014

Chair Burdick

States that the committee needs to be done by Thursday.  Asks for concerns on the –A4 amendments.

021

Sen. Walker

Comments on the special districts issue.

022

Chair Burdick

Asks the –A4 amendment proponents to not replace the original text of the bill.

031

Moawad

States that she will take care of the changes to the –A4 amendments. 

034

Chair Burdick

Closes public hearing on HB 2599A.  Moves HB 2323 to Tuesday, June 14, 2005 and opens a public hearing on HB 2667.

HB 2667 – PUBLIC HEARING

042

Heidi Moawad

Counsel.  Provides background on HB 2667 which expands the definition of “sex crime” to include public or private indecency if the person convicted has a prior conviction for public or private indecency.

060

Sen. Whitsett

Inquires how someone can be in trouble for a crime they committed in another state that was not a crime in the state they acted in.

064

Moawad

Clarifies that an out of state act would only apply if they were criminally convicted of a crime outside the state that is a similar conviction.  Provides a clarifying example.

095

Sen. Prozanski

Questions an issue in the example.

098

Pat Schreiner

Oregon Association of Community Corrections Directors/Sex Offender Supervision Network.  Submits written testimony (EXHIBIT F) and testifies in support of HB 2667.

138

Chair Burdick

Closes the public hearing on HB 2667.  Opens a public hearing on HB 2156.

HB 2156 – PUBLIC HEARING

143

Heidi Moawad

Counsel.  Provides background on HB 2156 which ratifies the National Crime Prevention and Privacy Compact.

156

Patricia Whitfield

Section Director, Oregon State Police, Identification Services Section.  Submits written testimony (EXHIBIT G) and testifies in support of HB 2156.  Provides information on the bill.

187

Chair Burdick

Inquires if this would increase access to other states’ information.

192

Whitfield

Responds that they currently have limited access.  Clarifies that the compact, as ratified by statute, would have to make more information available.  Explains who would get access to what.

211

Chair Burdick

Inquires why this is necessary if there is already access.

214

Whitfield

Explains that HB 2156 allows Oregon to have a voice in the process of ratifying the Compact.

236

Chair Burdick

Closes the public hearing on HB 2156 and adjourns the meeting at 4:55 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 1041, -4 amendment, staff, 3 pp
  2. HB 2742A, written testimony, Troy Costales, 2 pp
  3. HB 2742A, written testimony, Scott Bricker, 3 pp
  4. HB 2599A, -A4 amendment, staff, 4 pp
  5. HB 2599A, -A5 amendment, staff, 9 pp
  6. HB 2667, written testimony, Pat Schreiner, 2 pp
  7. HB 2156, written testimony, Patricia Whitfield, 3 pp
  8. SB 65, -3 amendment, staff, 1 p
  9. HB 2359A, -A2 amendment, staff, 4 pp
  10. HB 2599A, written testimony, Genoa Ingram, 1 p