HOUSE COMMITTEE ON JUDICIARY

 

 

January 22, 2003   Hearing Room 357

1:00 p.m.  Tapes 11 - 12

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Jeff  Barker

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

MEMBER EXCUSED:            Rep. Bob Jenson

 

STAFF PRESENT:                  Bill Joseph, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2059 Public Hearing

                                                HB 2060 Public Hearing          

                                                HB 2061 Public Hearing

                                                HB 2064 Public Hearing and Work Session

HB 2066 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 11, A

003

Chair Williams

Calls the meeting to order at 1:06 p.m. Opens a public hearing on HB 2059.

HB 2059 PUBLIC HEARING

008

Bill Joseph

Committee Counsel. Introduces HB 2059 which sets procedure for filing bond or depositing money when possessory chattel lien is claimed for storage of chattel.

030

Gary Blacklidge

Oregon State Bar. Testifies in support of HB 2059 and submits testimony (EXHIBIT A).

059

Al Elkins

Oregon Tow Truck Association. Testifies in opposition to HB 2059.

088

Deb Elkins

NW Auto Trades Association. Testifies in opposition to HB 2059.

107

Vice-Chair Anderson

Asks how this impacts the counties and cities that often take cars for violations.

110

Al Elkins

Answers that the scenarios impacted by this chapter do not involve police tows.

126

Vice-Chair Ackerman

Asks for clarification on the additional costs for their industry.

134

Rep. Shetterly

Asks what the typical amount of a lien claim is.

138

Al Elkins

Answers that he does not know that amount, but has asked for it.

142

Chair Williams

States that he is interested in getting this resolved and discusses changes in the process issues of the bill.

162

Elkins

Says that he agrees.

170

Vice-Chair Ackerman

Discusses a possible compromise regarding the bond and the attorney’s fees.

177

Blacklidge

Adds that this bill will only amend the possessory chattel liens under ORS 87.152-ORS 87.162.

204

Chair Williams

Suggests that they work on the bill. Closes the public hearing on HB 2059 and opens a public hearing on HB 2060.

HB 2060 PUBLIC HEARING

219

Bill Joseph

Committee Counsel. Introduces HB 2060 which directs trustee foreclosing trust deed.

244

Gary Blacklidge

Oregon State Bar. Submits testimony and testifies in support of  HB 2060 (EXHIBIT B).

310

Vice-Chair Ackerman

Says that he detects some problems with the bill. Asks when the affidavit is supposed to be mailed.

338

Blacklidge

Answers that it must be mailed 15 days prior to the date last set for the sale.

355

Vice-Chair Ackerman

Asks if it would be more prudent to extend the 15-day requirement to 25 days.

369

Blacklidge

Responds that they thought about it, but decided it would be a trade-off and thought the 15-days was a good compromise.

403

Rep. Shetterly

Wonders if the debtor could ask for a response within a few days.

TAPE 12, A

015

Blacklidge

Replies that that would work provided the trustee could not conduct the sale until a period of time after they responded to the debtor.

055

Chair Williams

Replies that this does raise an interesting point especially since there are potential third-party bidders. Closes the public hearing on HB 2060 and opens a public hearing on HB 2061.

HB 2061 PUBLIC HEARING

069

Bill Joseph

Committee Counsel. Introduces HB 2061 which modifies law relating to property that is exempt from execution for purpose of application against debt.

085

Gary Blacklidge

Oregon State Bar. Submits testimony and testifies in support of HB 2061 (EXHIBIT C).

144

Rep. Shetterly

Asks if they issue an execution against two people (a husband and wife).

150

Blacklidge

Responds yes, with a garnishment or a contract payment.

155

Rep. Shetterly

Asks if a husband and wife were both victims of a crime, then why would they not both receive awards.

180

Blacklidge

Answers that in the situation of crime victim reparation, the entire amount is exempt, but in the situation of personal bodily injury, each debtor has the right to exempt up to $10,000 of the award.

182

Rep. Shetterly

States that the form is unclear.

191

Chair Williams

Says that he understands that the judgment is individual to each person.

205

Blacklidge

Suggests changes to the form.

225

Chair Williams

Closes the public hearing on HB 2061 and opens a public hearing on HB 2064.

HB 2064 PUBLIC HEARING

253

Bill Joseph

Committee Counsel. Introduces HB 2064, which creates declaration under penalty of perjury as alternative to affidavit under Oregon Rules of Civil Procedure.

269

Kevin Chames

Oregon State Bar. Testifies in support of HB 2064 and submits testimony  (EXHIBIT D).

328

Rep. Macpherson

Asks if it is common to have notary publics in a law office.

335

Chames

Answers that it probably is, but there are many attorneys that are always looking for notary publics.

346

Chair Williams

Says that he knows of several solo practitioners that have become notary publics and asks what position the Council on Court Procedures takes on this bill.

380

Karsten Rasmussen

Lane County Judge. Testifies in support of HB 2064. States that the Council on Court Procedures supports the bill.

403

Chair Williams

Closes the public hearing on HB 2064 and opens a work session.

HB 2064 WORK SESSION

440

Chair Williams

MOTION:  Moves HB 2064 to the floor with a DO PASS

                     recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Jenson

442

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. BARKER will lead discussion on the floor.

445

Chair Williams

Closes the work session on HB 2064 and opens a public hearing on HB 2066.

HB 2066 PUBLIC HEARING

447

Bill Joseph

Committee Counsel. Introduces HB 2066 which makes miscellaneous changes to laws governing courts.

TAPE 11, B

004

Bradd Swank

Office of the State Court Administrator. Submits testimony and testifies in support of HB 2066 (EXHIBIT E).

056

Rep. Krummel

Asks what kind of due process will a defendant have if their driving privileges are going to be revoked.

059

Swank

Answers that this only applies in instances where they failed to appear and this is only for non-traffic violations. Explains the process.

083

Rep. Krummel

Asks about redundancy of “oath of offices” in the bill.

097

Swank

Responds that he didn’t write the legislation. 

106

Rep. Krummel

Asks if he is wrong in assuming that the Oregon Constitution states what a judge’s oath shall be.

112

Swank

Answers that the Oregon Constitution states what the oath is for Supreme Court Justices, but not for the other courts.

121

Rep. Krummel

Asks if the Chief Justice has the constitutional to prescribe the oath for the lower courts.

124

Swank

Replies, not currently.

133

Vice-Chair Anderson

Wonders why the other judges of the state do not take the same oath as the Chief Justice. Thinks that each court should follow the same standard.

150

Rep. Shetterly

Questions the language in section 1, regarding court trials and traffic offenses.

169

Swank

Answers that this bill amends ORS 153.070 so that courts do not have to schedule trials on “failure to appear” citations for non-traffic violations.

198

Rep. Barker

Asks why they don’t use the same oath for all justices.

213

Swank

Says that it is easier to change something by the Chief Justice, than the Constitution, and that there will be some discussion on which language to use.

228

Rep. Shetterly

Discusses Section 1 of bill.

249

Chair Williams

Comments on testimony of Layne Barlow (EXHIBIT F).

260

Swank

States that he discussed Section 1 with Legislative Counsel and they decided on the amendments.

269

Chair Williams

Suggests returning to the committee after discussing possible changes with Chief Justice Carson.

320

Chair Williams

Closes the public hearing on HB 2066 and adjourns the meeting at 2:22 p.m.

 

                       

EXHIBIT SUMMARY

 

A – HB 2059, written testimony, submitted by Gary Blacklidge, Oregon State Bar, dated 1/22/03, 2 pgs.

B – HB 2060, written testimony, submitted by Gary Blacklidge, Oregon State Bar, dated 1/22/03, 2 pgs.

C – HB 2061, written testimony, submitted by Gary Blacklidge, Oregon State Bar, dated 1/22/03, 2 pgs.

D – HB 2064, written testimony, submitted by Kevin Chames, Oregon State Bar, dated 1/22/03, 1 pg.

E – HB 2066, written testimony, submitted by Bradd Swank, Office of the State Court Administrator, dated 1/22/03, 2 pgs.

F – HB 2066, written testimony, submitted by facsimile by Layne Barlow, Bend, dated 1/22/03, 1 pg.

G – HB 2064, written testimony, submitted by facsimile by Layne Barlow, Bend, dated 1/22/03, 1 pg.