HOUSE COMMITTEE ON JUDICIARY

 

 

January 27, 2003   Hearing Room 357

1:00 p.m.  Tapes 15 - 16

 

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 Taylor, Counsel

                                                Craig Prins, Counsel

                                                Bill Joseph, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD: Measure Introduction

                                                Informational Meeting: Proposed Amendments to the Rules of Civil Procedure—Ralph C. Spooner, Chair, Council on Court Procedures

HB 2110 Public Hearing

HB 2111 Public Hearing

HB 2113 Public Hearing

HB 2114 Public Hearing and 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 15, A

004

Chair Williams

Calls the meeting to order at 1:08 p.m.

010

Bill Taylor

Committee Counsel. Introduces LC 1284, 1285, 1286, 1287, 1288, 1289 and 1290 (EXHIBITS A-G).

053

Rep. Prozanski

Asks for requestors.

055

Chair Williams

Responds that the requestors include the Oregon Medical Association and Oregon Association of Hospitals and Health Systems.

058

Rep. Prozanski

MOTION:  Moves LC's  1284, 1285, 1286, 1287, 1288, 1289, 1290 BE

INTRODUCED as committee bills.

060

 

VOTE:  8-0-1

EXCUSED:  1 - Rep. Jenson

061

Chair Williams

Hearing no objection, declares the motion CARRIED.

059

Chair Williams

Announces field trip to MacLaren Youth Correctional Facility on Friday, January 31, 2003.

076

Rep. Prozanski

Asks if the committee will be going to Albany to visit the facility there.

078

Chair Williams

Responds probably not.

089

Chair Williams

Introduces Ralph Spooner, Chair, Council on Court Procedures and Maury Holland, Executive Director, Council on Court Procedures.                  

092

Ralph Spooner

Chair, Council on Court Procedures. Discusses proposed amendments to the rules of civil procedure.

216

Rep. Krummel

Asks about rules 43 and 47.

191

Maury Holland

Executive Director, Council on Court Procedures.  Clarifies rules 43 and 47.                               

260

Holland

Discusses rules 44 and 55.

316

Rep. Krummel

Asks about privacy issues in the statutes.

329

Spooner

Explains current rules regarding privacy.

400

Holland

Notes amendments to the perjury statues that the legislature will be considering.

TAPE 16, A

012

Counsel Joseph

Explains that HB 2049 creates a deadline to add punitive damages and wonders if this bill had been considered by the council.

047

Chair Williams

Closes the informational meeting and opens a public hearing on HB 2110.

HB 2110 - PUBLIC HEARING

093

Bill Taylor

Committee Counsel. Introduces HB 2110 that modifies application of definition.

117

Ronelle Shankle

Assistant Director, Policy, Rules & Legislative Section, Department of Justice. Submits testimony and testifies in support of HB 2110 (EXHIBITS H & I).  Explains that there will be amendments.

221

Rep. Ackerman

Asks about procedures for enforcement.

228

Shankle

Explains the procedures.

237

Rep. Ackerman

Asks if a fact-finding process is needed.

244

Shankle

Replies that there is not a fact finding process in place.

289

Layne Barlow

Oregon Men’s Association. Submits testimony and testifies as neutral on HB 2110 (EXHIBIT J).  Points out objections to the bill.

339

Rep. Prozanski

Asks for clarification of an example given.

355

Barlow

Talks about child support judgments in case of a death.

363

Shankle

Explains why language was removed from her proposal.

358

Rep. Krummel

Asks for further clarification.

411

Shankle

Explains the modifications.

TAPE 15, B

028

Rep. Barker

Asks further about Mr. Barlow’s objection to the notification section of the bill.

041

Shankle

Explains the notification procedure.

 

045

Taylor

Referring to page 3 lines 23-25 of the bill, asks about a possible modification.

052

Shankle

Says there would be objection to this modification.

057

Chair Williams

Closes the public hearing on HB 2110 and opens a public hearing on HB 2111.

HB 2111 - PUBLIC HEARING

067

Bill Taylor

Committee Counsel.  Introduces HB 2111 that makes decree or order final judgment as to any child support or spousal support payment that accrues up to time party is served with motion to set aside, alter or modify decree or order.

075

Ronelle Shankle

Assistant Director, Policy, Rules & Legislative Section, Department of Justice. Submits testimony and testifies in support of HB 2111 (EXHIBIT K).

120

Layne Barlow

Oregon Men’s Association. Submits testimony and testifies in opposition to HB 2111 (EXHIBIT L).  Suggests an amendment.

152

Russell Lipetzky

Attorney, Salem, Oregon. Submits amendments and testifies in support of HB 2111 (EXHIBIT M).

181

Rep. Shetterly

Asks where the proposed language would be used in the bill.

190

Shankle

Responds to Mr. Barlow’s testimony.

223

Taylor

Asks Mr. Lipetzky if the Oregon State Bar would support his proposal.

225

Lipetzky

Says, yes.

235

Rep. Shetterly

Wonders if his proposal is similar to Mr. Barlow’s.

241

Lipetzky

Replies that they are similar.

253

Chair Williams

Closes the public hearing on HB 2111 and opens a public hearing on HB 2113.

HB 2113 PUBLIC HEARING

273

Bill Taylor

Committee Counsel.  Introduces HB 2113 that limits disclosure of child support enforcement information.

285

Ronelle Shankle

Assistant Director, Policy, Rules & Legislative Section, Department of Justice. Submits testimony and testifies in support of HB 2113 (EXHIBIT N).

322

Layne Barlow

Oregon Men’s Association. Expresses concerns about certain areas of the HB 2113.

350

Chair Williams

Asks for response on the social security issue.

351

Shankle

Explains the release of social security numbers.

402

Rep. Krummel

Asks about dealing with collection agencies.

TAPE 16, B

004

Shankle

Explains the procedures.

017

Chair Williams

Closes the public hearing on HB 2113 and opens a public hearing on HB 2114.


 

HB 2114 -  PUBLIC HEARING

018

Bill Taylor

Committee Counsel. Introduces HB 2114 that provides that single writ of garnishment may be issued for two or more judgments for past due support owed by same judgment debtor.

029

Ronelle Shankle

Department of Justice.  Testifies in support of HB 2114.  Suggests an amendment removing the word “immediately” from the statute.

052

Layne Barlow

Oregon Men’s Association.  States no opposition to this bill.

073

Ken Sherman, Jr.

Oregon Banker’s Association. Testifies in support of HB 2114.

098

Rep. Shetterly

Asks if there will need to be changes to the statutory form.

103

Barlow

Says there will be no change.

110

Rep. Krummel

Asks for clarification of multiple judgments.

112

Shankle

Explains the multiple judgments (EXHIBIT O).

121

Rep. Shetterly

Asks how courts will process these.

129

Shankle

Discusses the process.

141

Rep. Ackerman

Wonders how individual judgments get satisfied.

146

Shankle

Explains the procedure for distribution.

190

Rep. Macpherson

Asks about the ordering rule.

198

Shankle

Says there are federal regulations.

211

Chair Williams

States that many of the child support issues are mandated by federal law.

217

Rep. Shetterly

Wonders about accounting procedures.

229

Shankle

Replies that complete accounting records are kept.

233

Rep. Ackerman

Explains that he was not aware partial satisfactions are not filed.  Says this is unfair to the debtor.

247

Shankle

Says partial satisfactions will be filed upon request.

268

Chair Williams

Closes the public hearing on HB 2114 and opens a work session on HB 2114.

HB 2114 WORK SESSION

268

Rep. Williams

MOTION:  Moves to SUSPEND the rules for the purpose of adopting

conceptual amendment.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Rep. Jenson

284

Chair Williams

Hearing no objection, declares the motion CARRIED.

285

Chair Williams

MOTION:  Moves to ADOPT HB  2114 conceptual amendments

deleting the word “Immediately” on line 18, page 1, and capitalizing

the word “upon”.

286

Chair Williams

Hearing no objection, declares the motion CARRIED.

287

Rep. Shetterly

MOTION: Moves HB 2114 with a DO PASS AS AMENDED recommendation.

288

Rep. Ackerman

States that he opposes the bill and explains.

 

 

289

 

 

 

VOTE:  7-1-1

AYE:     7 - Rep. Barker, Rep. Krummel, Rep. Macpherson, Rep. Prozanski, Rep. Shetterly, Vice Chair Anderson, Chair Williams

NAY:            1 - Rep. Ackerman

EXCUSED:  1 - Rep. Jenson

334

Chair Williams

The motion Carries.

REP. ANDERSON will lead discussion on the floor.

350

Chair Williams

Closes the work session on HB 2114 and adjourns the meeting at 2:50 p.m.

 

                       

 

EXHIBIT SUMMARY

 

A – LC 1284, submitted by staff, dated 1/20/03, 3 pgs.

B – LC 1285, submitted by staff, dated 12/18/02, 1 pg.

C – LC 1286, submitted by staff, dated 1/20/03, 3 pgs.

D – LC 1287, submitted by staff, dated 1/20/03, 2 pgs.

E – LC 1288, submitted by staff, dated 1/20/03, 3 pgs.

F – LC 1289, submitted by staff, dated 12/19/02, 5 pgs.

G – LC 1290, submitted by staff, dated 12/13/02, 3 pgs.

H – HB 2110, proposed amendments, submitted by Ronelle Shankle, Department of Justice, dated 1/27/03, 3 pgs.

I – HB 2110, proposed amendments, submitted by Ronelle Shankle, Department of Justice, 3 pgs.

J – HB 2110, written testimony, submitted by Layne Barlow, Oregon Men’s Association, dated 1/27/03, 2 pgs.

K – HB 2111, written testimony, submitted by Ronelle Shankle, Department of Justice, dated 1/27/03, 5 pgs.

L – HB 2111, written testimony, submitted by Layne Barlow, Oregon Men’s Association, dated 1/27/03, 1 pg.

M – HB 2111, proposed amendments, submitted by Russell Lipetzky, Attorney, dated 1/27/03, 1 pg.

N – HB 2113, written testimony and proposed amendments, submitted by Ronelle Shankle, Department of Justice, 7 pgs.

O – HB 2114, written testimony and proposed amendments, submitted by Ronelle Shankle, Department of Justice, 4 pgs.