SENATE COMMITTEE ON JUDICIARY

 

 

June 23, 2005                                                                                                      Hearing Room 343

1:00 P.M.                                                                                                                  Tapes 174 - 175

 

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

 

MEMBERS VISITING:         Rep. Wayne Krieger

                                                Rep. Andy Olson

 

STAFF PRESENT:                 Heidi Moawad, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD:        

SB 907 – Work Session

 

 

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 174, A

002

Chair Burdick

Calls the meeting to order at 1:12 p.m. and welcomes Rep. Wayne Krieger, Chair of the House Judiciary Committee.

SB 907 – WORK SESSION

016

Heidi Moawad

Counsel.  Describes the -5 amendment for SB 907 (EXHIBIT A).  Discusses some of the concerns from the Oregon Criminal Defense Lawyers Association.

037

Moawad

Addresses the concern over the legal definition of “drug affected.”

071

Chair Burdick

Asks about the deletion of the level 9 discussed earlier.

074

Moawad

Talks about this deletion in the -5 amendment.

097

Rep. Wayne Krieger

House District 01.  Comments on the process of drafting this bill.

108

Rep. Burdick

Agrees with the comments made by Rep. Krieger.

113

Sen. Beyer

Highlights the bi-partisan effort in arriving at a process to battle meth.

117

Chair Burdick

Commends Heidi Moawad on her work drafting SB 907 and HB 2485.

134

Rep. Krieger

Appreciates the work done by Heidi Moawad, counsel for the House and Senate Judiciary committee on the meth bills.

150

Sen. Walker

Questions the concerns over the $30,000 of meth that was marketable or ingestible.

157

Moawad

Discusses the removal of that new classification of manufacturing meth.

176

Sen. Starr

Expresses his appreciation in taking on the meth epidemic.  Declares that this program must be adequately funded by the state.

188

Sen. Starr

MOTION:  Moves to ADOPT SB 907-5 amendments dated 6/22/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

192

Chair Burdick

Hearing no objection, declares the motion CARRIED.

193

Sen. Starr

MOTION:  Moves SB 907 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on SENATE BUDGET.

199

Sen. Beyer

Discusses a letter drafted by the members of the work group where they prioritized the changes that need to be done to combat meth.  Insists that the Legislature should fully fund these programs and initiatives.

217

Chair Burdick

States that she will work with Sen. Gordly, chair of the Senate Budget committee on this issue.

223

Sen. Walker

Talks about her history with the meth epidemic over her years of service.  Declares that the federal government needs to address this problem in a better fashion.

251

Rep. Krieger

Advocates for the importance of addressing this issue in a bi-partisan manner.

269

Sen. Whitsett

Inquires about the interdiction methods in the meth epidemic.

 

 

VOTE:  7-0-0

283

Chair Burdick

Hearing no objection, declares the motion CARRIED.

284

Chair Burdick

Closes the work session on SB 907.  Asks Rep. Olson about his bill.

299

Chair Burdick

Opens a work session on SB 907.

SB 907 – WORK SESSION

300

Sen. Burdick

MOTION:  Moves to SUSPEND the rules for the purpose of allowing Sen. Ringo to vote on the motion to send SB 907 AS AMENDED to the SENATE BUDGET committee with a DO PASS recommendation.

 

 

VOTE:  7-0-0

305

Chair Burdick

Hearing no objection, declares the motion CARRIED.

306

Sen. Ringo

Vote’s aye.

308

Chair Burdick

Closes the work session on SB 907.  Re-asks Rep. Olson about the civil forfeiture bill he sponsored.

310

Rep. Olson

Discusses the civil forfeiture issue.

340

Rep. Olson

Comments on the implementation of Measure 3 from several years ago.  Talks about where the funds from civil forfeiture would end up.

374

Rep. Olson

Addresses the question raised by Sen. Whitsett dealing with interdiction methods for battling the meth epidemic.

424

Sen. Prozanski

Clarifies that Measure 3 did not remove civil forfeiture but altered the statutory definition.  Goes on to talk about what occurred when Measure 3 passed.

TAPE 175, A

020

Sen. Prozanski

Continues his discussion on Measure 3 and the civil forfeitures issue.

060

Chair Burdick

Discusses the drug court funding from the civil forfeitures.

067

Rep. Olson

Stresses that this law (civil forfeiture) was created back in 1989 and faced several challenges by the Supreme Court.  Talks about the criteria that would constitute a civil forfeiture.

095

Sen. Ringo

Comments on civil forfeitures, especially non-insured cars: if a conviction is even necessary in these cases.

112

Chair Burdick

Declares that the bill under discussion has been sent to Senate Rules.

120

Sen. Prozanski

States that he is working on amendments for this bill.

126

Chair Burdick

Adjourns the meeting at 1:49 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 907, -5 amendment, staff, 65 pp