HOUSE COMMITTEE ON JUDICIARY

 

 

February 06, 2003†† Hearing Room 357

1:00 P.M.Tapes 25 - 26

 

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

 

STAFF PRESENT:††††† ††††††††††† Bill Joseph, Administrator

Nancy Massee, Administrative Support

 

MEASURE/ISSUES HEARD:††††††††

Introduction of LC 1957

HB 2409 Public Hearing

HB 2314 Public Hearing and Work Session

HB 2316 Public Hearing and Work Session

HB 2318 Public Hearing and Work Session

HB 2319 Public Hearing and Work Session

HB 2322 Public Hearing and Work Session

 

 

These minutes are in compliance with Senate and House Rules.Only text enclosed in quotation marks reports a speakerís exact words.For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

Tape 25, A

006

Chair Williams

Calls meeting to order at 1:10 p.m.Describes LC 1957 (EXHIBIT A).

LC 1957 INTRODUCTION

010

Rep. Williams

MOTION:Moves LC 1957 BE INTRODUCED as a committee bill.

 

 

VOTE:7-0-2

EXCUSED:2 - Jenson, Krummel

 

Chair Williams

Hearing no objection, declares the motion CARRIED.

012

Chair Williams

Opens public hearing on HB 2409.

HB 2409 PUBLIC HEARING

034

Chair Williams

Explains HB 2409 is on loan pursuant to House Rule 9.01 sub 5, taken from the House Committee on PERS to the House Judiciary Committee as a reviewing committee.

036

Bill Joseph

Committee Counsel.Explains HB 2409 that provides for certification to Supreme Court of appeal of certain actions in which one or more cities or counties are plaintiffs, State of Oregon is defendant and appeal relates to decision of trial court on one or more claims challenging manner in which Public Employees Retirement System (PERS) is administered.

044

Rep. Tim Knopp

Majority Leader. Asks that the Judiciary Committee look at HB 2409. Explains why it is important to get this bill passed.

094

Rep. Shetterly

Asks if there is only one case, the Lipscomb decision, in HB 2409.

080

Rep. Knopp

Replies he is confident that Legislative Counsel has referred to the one case involved.

103

Joseph

Asks if this measure would apply to future cases involving the same parties and issue.

110

Rep. Prozanski

Asks about similar issues dealing with PERS after the effective date.

136

Chair Williams

Comments that he is resistant to selecting cases to go to the Supreme Court. Would be concerned about a blanket provision allowing expedition of lawsuits.

162

Rep. Macpherson

Discusses the need for prompt attention. Discusses current law and changes to be considered this legislative session.

173

Rep. Prozanski

Comments that other suits would not be caught up by HB 2409 but would be moved on their own merit.

187

Rep. Knopp

Refers to two years ago the disparity of agreement in a crisis. Emphasizes the future of Oregon balances on this PERS issue.

200

Rep. Prozanski

Wants to be certain we are talking about a case rather than cases.

240

Vice Chair Ackerman

Asks if final judgment has been entered in the Lipscomb case.

243

Rep. Knopp

Replies the judgment has been entered and it is currently in the window that closes 13th of this month.

257

Vice Chair Ackerman

Asks if the legislation can be processed in time. Asks if an amended notice of appeal needs to be filed.

261

Steve Rodeman

PERS.Explains that the final judgment has been entered to petitionerís claims, but not to the intervenersí claims. Final judgment on petitionersí claims will appear by February 17.Notice of appeal has been filed on part of the case.

293

Chair Williams

Discusses potential problems in getting the bill passed out, if the notice of appeal is not filed.

286

Rep. Knopp

Relates he cannot see moving the bill before March 1.

309

Rodeman

Answers February 17 probably. The intervenersí claims have not been reduced to final judgment yet, so notice of appeal has not started running on those.

332

Jim Nass

Appellate Legal Counsel. States the critical event is when the action was filed. This bill would apply to the one appeal filed;notes that when the bill becomes effective, if another county filed action against PERS, this bill would sweep that case up too.

386

Chair Williams

States that the bill will go back to the PERS committee before it goes to the floor.

400

Nass

States that he was not aware of the billís scheduling in time to confer with the Chief Justice and does not know the positions of the courts. The courts will let you know the processes.

438

Chair Williams

Notes that when it gets to the court, it is at the courtís pleasure when they would hear it.

433

Bob Livingston

Oregon State Firefighters Council. Agrees with the concept of this bill.Supports this bill.Will work to reduce the amount of legislation on PERS.

485

Bill Linden

Association of Oregon Faculties and Oregon PERS Retirees.Explains that this bill is no guarantee to a solution to the issues. It will be a protracted appeal process.The bill only mandates certification.

TAPE 26, A

049

Linden

Continues discussing possible solutions to PERS issues.

054

Chair Williams

Explains the committee can go into work session, or after the public hearing the committee may return the bill to the PERS Committee either with or without recommendation.

055

 

 

 

 

070

Chair Williams

 

 

 

 

Chair Williams

Asks if the committee has no objection to returning the bill to the PERS Committee without recommendations.

Hearing no objections.

The bill is returned to the PERS Committee with no recommendations.

Closes public hearing on HB 2409.Opens public hearing on HB 2314.

HB 2314 PUBLIC HEARING

083

Bill Joseph

Committee Counsel. Explains HB 2314 corrects references to laws relating to trusts.

085

Greg Chaimov

Legislative Counsel. Explains why HB 2314 is needed.Non-substantive or very minor changes that are really not significant.

087

Chair Williams

Closes public hearing.Opens work session on HB 2314.

HB 2314 WORK SESSION

086

Rep. Shetterly

MOTION:Moves HB 2314 to the floor with a DO PASS recommendation.

 

 

VOTE:9-0

087

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. SHETTERLY will lead discussion on the floor.

088

Chair Williams

Closes work session.Opens public hearing on HB 2316.

HB 2316 PUBLIC HEARING

133

Bill Joseph

Committee Counsel.Explains that HB 2316 repeals law that makes abolishment of Board of Trustees of Childrenís Trust Fund contingent upon certain conditions.

139

Greg Chaimov

Legislative Counsel. Explains how HB 2316 affects the Childrenís Trust Fund taxes.

183

Chair Williams

Closes public hearing. Opens work session.


 

HB 2316 WORK SESSION

184

Rep. Krummel

MOTION:Moves HB 2316 to the floor with a DO PASS recommendation.

 

 

VOTE:9-0

186

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. KRUMMEL will lead discussion on the floor.

187

Chair Williams

Closes work session. Opens public hearing on HB 2318.

HB 2318 PUBLIC HEARING

192

Bill Joseph

Committee Counsel.Explains that HB 2318 makes technical corrections to statutes relating to records.

203

Greg Chaimov

Legislative Counsel.Further explains HB 2318.

210

Chair Williams

Closes public hearing.Opens work session on HB 2318.

HB 2318 WORK SESSION

211

Rep. Shetterly

MOTION:Moves HB 2318 to the floor with a DO PASS recommendation.

 

 

VOTE:9-0

212

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. MACPHERSON will lead discussion on the floor.

214

Chair Williams

Closes work session.Opens public hearing on HB 2319.

HB 2319 PUBLIC HEARING

220

Bill Joseph

Committee Counsel. Explains HB 2319 that makes technical corrections to statutes relating to legislative committees.

228

Greg Chaimov

Legislative Counsel.Explains updated method of producing ORSís.

244

Chair WIlliams

Closes public hearing.Opens work session on HB 2319.

HB 2319 WORK SESSION

245

Rep. Prozanski

MOTION: Moves HB 2319 to the floor with a DO PASS recommendation and to the consent calendar.

246

Chair Williams

MOTION:Amends Rep. Prozanskiís motion to say MOVES HB 2319 to the floor with a DO PASS recommendation.

 

 

VOTE:9-0

247

Chair Williams

Hearing no objection, declares the motion CARRIED.

 

248

Chair Williams

MOTION:Moves HB 2319 to the floor with a DO PASS recommendation.

 

 

VOTE:9-0

249

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ACKERMAN will lead discussion on the floor.

248

Chair Williams

Closes work session.Opens public hearing on HB 2322.

HB 2322 PUBLIC HEARING

265

Bill Joseph

Committee Counsel.Explains HB 2322 that adds certain existing sections to law to ORS chapter 107.

295

Greg Chaimov

Legislative Counsel.Agrees with Counsel Josephís explanation.

298

Rep. Krummel

Asks when an action of the legislature moves from being an Oregon law to becoming an ORS.

303

Chaimov

Answers that usually about November (following session) the bills are blended usually by January.

326

Chair Williams

Explains that some legislative actions do not make it into the ORS.

330

Chair Williams

Closes public hearing.Opens work session on HB 2322.

HB 2322 WORK SESSION

331

Vice Chair Anderson

MOTION:Moves HB 2322 to the floor with a DO PASS recommendation.

 

 

VOTE:9-0

333

Chair Williams

Hearing no objection, declares the motion CARRIED.

Vice Chair ANDERSON will lead discussion on the floor.

334

Chair Williams

Closes the work session on HB 2322, and adjourns meeting at 2:00 p.m.

 

 

EXHIBIT SUMMARY

 

A Ė LC 1957, staff,4pp