HOUSE COMMITTEE ON JUDICIARY

 

 

 

February 19, 2003   Hearing Room 357

1:00 p.m. Tapes  46 - 49

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Robert Ackerman

Rep. Jeff Barker

Rep. Bob Jenson

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

STAFF PRESENT:                  Bill Taylor, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:         HB 2270 Work Session

                                                HB 2048 Public Hearing

                                                HB 2262 Public Hearing and Work Session

                                                HB 2340 Public Hearing

                                                HB 2263 Public Hearing and Work Session

                                                Measure Introduction

                                               

 

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 46, A

003

Chair Williams

Calls the meeting to order at 1:07  p.m. Opens a work session on HB 2270.

HB 2270 WORK SESSION

010

Bill Joseph

Committee Counsel. Introduces HB 2270 which provides that, in life insurance policy or under certain retirement plans, divorce revokes designation of beneficiary made by principal in favor of former spouse or relative of former spouse. Discusses -1 and -2 amendments (EXHIBITS A & B).

021

Jennifer Todd

Oregon State Bar. Testifies on HB 2270.

032

Chair Williams

Discusses bill and -2 amendments (Exhibit B).

050

Todd

Explains the -1 amendments (Exhibit A).

068

Joyce Patton

Oregon State Bar. Explains origins of -1 amendments.

086

Chair Williams

Asks Ms. Todd to explain her concerns about the -1 amendments.

 

091

Todd

Discusses her concerns about the language “a power of attorney” on line 2, of the -1 amendments.

101

Chair Williams

Says that they will strike “a power of attorney or” in the -1 amendments.

105

Rep. Shetterly

Agrees on the conceptual amendments.

114

Todd

Says she is concerned about the wording starting on line 8, page 1 of the -1 amendments.

132

Rep. Shetterly

Wonders if there is another amendment.

144

Rep. Macpherson

Comments on the -1 amendments.

180

Rep. Shetterly

MOTION:  Moves to ADOPT HB  2270-2 amendments dated 02/17/03.

 

 

VOTE:  9-0

182

Chair Williams

Hearing no objection, declares the motion CARRIED.

186

Chair Williams

Closes the work session on HB 2270 and opens a public hearing on HB 2048.

HB 2048 PUBLIC HEARING

201

Chair Williams

Introduces HB 2048 which allows court to set aside conviction or record of arrest for traffic offense under certain circumstances.

229

Carl Myers

Oregon Justice of the Peace Association. Testifies in opposition to HB 2048.

369

Rep. Barker

Asks if this bill is addressing a drunk driving/homicide record.

375

Myers

Says that he does not know of that bill. States that this bill would allow for the expungement of DUII’s  after ten years.

383

Rep. Barker

Asks if that includes if there was a death involved.

388

Myers

Answers that it may be under one of the exceptions, he doesn’t know, or it may be under a senate bill.

394

Rep. Shetterly

Says that the Oregon Law Commission declined to take this bill and discusses the complications of this statute.

413

Myers

Mentions that the Oregon Law Commission did not want to handle just one aspect of expungement.

428

Vice-Chair Ackerman

Wonders what the motivation is behind this bill.

432

Myers

Explains the specific instance from which this bill arose.

TAPE 47, A

003

Myers

Continues his explanation of bill.

012

Vice-Chair Ackerman

Suggests that there is a remedy behind the motivation of this bill. Asks if Mr. Myers is familiar with Class C felonies.

017

Myers

Answers that all he knows of is what the statute says and it says an exception to the expungement are convictions for traffic offenses, and that driving while suspended (DWS) is a traffic offense.

023

Rep. Krummel

Asks for clarification on traffic offenses.

044

Rep. Prozanski

Says that the issue is that there are many different enhancements that occur within the traffic offense sector and explains.

079

Kelly Skye

Oregon Criminal Defense Lawyers Association. Testifies in support of HB 2048.

158

Kelly Taylor

Oregon Department of Transportation. Testifies in support of HB 2048.

202

Chair Williams

Closes the public hearing on HB 2048 and opens a public hearing on HB 2262.

HB 2262 PUBLIC HEARING

206

Bill Joseph

Committee Counsel. Introduces HB 2262 which clarifies circumstances under which Department of Transportation may immediately suspend driving privileges of person who causes or contributes to accident that results in death.

220

Rep. Bob Jenson

House District 58. Testifies in support of HB 2262.

307

Kelly Taylor

Oregon Department of Transportation. Submits testimony and testifies in support of HB 2262 (EXHIBIT C).

336

Rep. Shetterly

Tells Ms. Taylor that he is fine with this bill. Asks about the sandstorm accident.

353

Taylor

Says that it was an enormous accident and it was very hard to figure out, but as further information came in, they were able to remove suspension.

363

Rep. Macpherson

Asks Ms. Taylor about mandatory language that doesn’t allow discretion.

371

Taylor

Explains that this language has been on the books for a long time. Discusses suspension statute.

397

Vice-Chair Ackerman

Asks about a manslaughter situation.

406

Taylor

Explains a manslaughter conviction and how it’s on the books separately.

399

Chair Williams

Closes the public hearing on HB 2262 and opens a work session on HB 2262.

HB 2262 WORK SESSION

438

Rep. Krummel

MOTION:  Moves HB 2262 to the floor with a DO PASS recommendation.

 

 

VOTE:  9-0

440

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. JENSON will lead discussion on the floor.

461

Chair Williams

Closes the work session on HB 2262 and opens a public hearing on HB 2340.

TAPE 46, B

HB 2340 PUBLIC HEARING

024

Hardy Myers

Attorney General. Submits testimony and testifies in support of HB 2340 which transfers responsibility for Child Support Program and associated functions from Department of Human Services to Department of Justice (EXHIBIT D).

098

Jim Neely

Deputy Director, Department of Human Services (DHS). Submits testimony and testifies in support of HB 2340 (EXHIBIT E). Discusses -1 amendments (EXHIBIT F).

117

Rep. Krummel

Asks Mr. Myers if he has an estimation of what the savings would be with this change.

120

Myers

Answers that they are relatively small and “general fund neutral.” 

133

Rep. Krummel

Asks Mr. Myers if the same people will be handling the work.

143

Myers

Answers, yes. Adds that specifically the transfer entails the shift of a certain number of authorized positions from DHS to the Department of Justice (DOJ).

161

Rep. Jenson

Asks if this will have any adverse effect on local district attorneys.

163

Myers

Answers, no. Says that the district attorneys are not affected by this change.

173

Vice-Chair Anderson

Asks if the cases will be consolidated by this change.

180

Myers

Says no. Comments that the actual case responsibilities between DHS and DOJ will not change.

194

Chair Williams

Explains that they are taking the program management aspect of  DHS and merging it with DOJ.

216

Cindi Chinnock

Oregon Child Support Program, Executive Director. Submits testimony and testifies in support of HB 2340 (EXHIBIT G).

278

Ronelle Shankle

Department of Justice. Submits testimony and testifies in support of HB 2340 (EXHIBIT H ). Discusses testimony of David Nebel (EXHIBIT I).

337

Layne Barlow

Oregon Men’s Association. Submits testimony and testifies in opposition to HB 2340 (EXHIBIT J).

TAPE 47, B

005

Barlow

Continues his testimony in opposition to HB 2340.

020

Rep. Shetterly

Inquires about the “fraud” Mr. Barlow is talking about.

032

Rep. Prozanski

Says that the alleged fraud has not been decided; the court will decide that. Asks Mr. Barlow if these orders are administrative orders, appealable to the circuit court.

038

Chair Williams

States that he has a problem with the premise of Mr. Barlow’s argument. Requests that he be more specific with his arguments against the bill.

058

Barlow

Concludes his testimony in opposition to HB 2340.

081

Gary Dale

Oregon Men’s Association. Testifies in opposition to HB 2340.

162

Bob Whiteside

Beaverton, Oregon. Submits testimony and testifies in opposition to HB 2340 (EXHIBIT K).

282

Rep. Krummel

Points out that the DOJ is not the judicial branch of government.

296

Whiteside

Says that he understands that, but says there is a close relationship between the district attorneys and the judicial branch.

315

Rep. Prozanski

Explains that a district attorney is a state executive officer and it is the executive branch and works within the judicial branch.

 

331

Debbie Fery

Citizen of Marion County. Submits testimony and testifies in opposition to HB 2340 (EXHIBIT L).

388

Chair Williams

Asks Ms. Fery to limit her discussion to her objections of the bill.

464

Jon Baker

Gresham. Submits testimony and testifies in opposition to HB 2340 (EXHIBIT M).

TAPE 48, A

003

Baker

Continues his testimony in opposition to HB 2340.

009

Chair Williams

Believes that people have a misunderstanding of what this bill is doing.

021

Myers

Explains that what’s involved in this transfer is the issue of the overall policy function. Says that the actual cases themselves have been under the DOJ for many years and are unaffected by this change.

039

Chair Williams

Closes the public hearing on HB 2340 and re-opens a work session on HB 2270.

HB 2270 WORK SESSION

053

Rep. Macpherson

States that he has a problem with the -3 amendments, on line 4,

page 1 (EXHIBIT N).

069

Rep. Shetterly

MOTION:  Moves to RESCIND HB 2270, THE  -2 AMENDMENTS.

 

 

VOTE:  9-0

070

Chair Williams

Hearing no objection, declares the motion CARRIED.

 

072

Rep. Shetterly

MOTION:  Moves to SUSPEND the rules for the purpose of  adopting conceptual amendments.

 

 

VOTE:  9-0

073

Chair Williams

Hearing no objection, declares the motion CARRIED.

 

 

 

080

Rep. Shetterly

MOTION:  Moves to conceptually amend HB  2270, -3 amendments dated 2/19/03 by deleting line 4, and on line 5, changing the “h” to “g”.

 

 

VOTE:  9-0

110

Chair Williams

Hearing no objection, declares the motion CARRIED.

112

Rep. Shetterly

MOTION:  Moves to ADOPT HB 2270-3 conceptual amendments dated 02/19/03.

 

 

VOTE:  9-0

114

Chair Williams

Hearing no objection, declares the motion CARRIED.

116

Rep. Shetterly

MOTION:  Moves HB 2270 to the floor with a DO PASS AS AMENDED recommendation.

120

Rep. Barker

Says that he thinks the beneficiary in life insurance policy should

stand so he does not support the bill.

126

Rep. Shetterly

Comments on Rep. Barker’s statement.

139

Rep. Macpherson

Asserts that this is a good statement of policy.

149

 

VOTE:  8-1-0

AYE:               8 - Ackerman, Anderson, Jenson, Krummel, Macpherson, Prozanski, Shetterly, Williams

NAY:               1 - Barker

158

Chair Williams

The motion CARRIES.

REP. MACPHERSON will lead discussion on the floor.

169

Chair Williams

Closes the work session on HB 2270 and opens a public hearing on HB 2263.

HB 2263 PUBLIC HEARING

177

Kelly Taylor

Department of Transportation. Submits testimony and testifies in support of HB 2263 which prohibits issuance of hardship permits to persons whose driving privileges are suspended for failure to appear (EXHIBIT O).

212

Carl Myers

Oregon Justice of the Peace Association. Testifies in support of HB 2263.

239

Taylor

Discusses the -1 amendments (EXHIBIT P).

250

Jon Baker

Multnomah County. Submits testimony and testifies in opposition to HB 2263 (EXHIBIT Q).

269

Chair Williams

Stresses what the bill is about and asks for limited testimony on the issue. Asks Mr. Baker is he has anything further to say in opposition to the bill.

284

Baker

Answers, no.

387

Layne Barlow

Oregon Men’s Association. Submits testimony and testifies in opposition to HB 2263 (EXHIBIT R).

318

Chair Williams

Closes the public hearing on HB 2263 and opens a work session on HB 2263.

HB 2263 WORK SESSION

319

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2263-1 amendments dated 02/17/03.

 

 

VOTE:  9-0

320

Chair Williams

Hearing no objection, declares the motion CARRIED.

328

Rep. Prozanski

MOTION:  Moves HB 2263 to the floor with a DO PASS AS AMENDED recommendation.

330

Rep. Jenson

Says that he has reservations about the bill and explains.

345

Chair Williams

Discusses Rep. Jenson’s concerns.

383

Vice-Chair Anderson

Asks for clarification on the process.

392

Taylor

Explains how a person can get their full license back.

TAPE 49, A

032

Rep. Jenson

Says that he will vote in support of the bill, but still has concerns about hardship permits.

035

 

VOTE:  8-0-1

EXCUSED:  1 - Barker

041

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

 

051

Chair Williams

Closes the work session on HB 2263. Introduces LC’s to be introduced as committee measures (EXHIBITS S-U).

 

 

 

070

Chair Williams

MOTION:  Moves LC's:  2483, 3177, 2762 BE INTRODUCED as committee bills.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Barker

077

Chair Williams

Hearing no objection, declares the motion CARRIED.

085

Chair Williams

Adjourns the meeting at 3:25 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2270, -1 amendments, submitted by staff, dated 2/10/03, 1 pg.

B – HB 2270, -2 amendments, submitted by staff, dated 2/17/03, 1 pg.

C – HB 2262, written testimony, submitted by Kelly Taylor, 1 pg.

D – HB 2340, written testimony, submitted by Hardy Myers, 2 pgs.

E – HB 2340, written testimony, submitted by Jim Neely, 2 pgs.

F –  HB 2340, -1 amendments, dated 2/14/03, submitted by staff, 1 pg.

G – HB 2340, written testimony, submitted by Cindi Chinnock, 2 pgs.

H – HB 2340, written testimony, submitted by Ronelle Shankle, 3 pgs.

I – HB 2340, written testimony, submitted by David Nebel, 1 pg.

J – HB 2340, written testimony, submitted by Layne Barlow, 5 pgs.

K – HB 2340, written testimony, submitted by Bob Whiteside, 2 pgs.

L – HB 2340, written testimony, submitted by Debbie Fery, 8 pgs.

M – HB 2340, written testimony, submitted by Jon Baker, 1 pg.

N – HB 2270, -3 amendments, dated 2/19/03, submitted by staff, 1 pg.

O – HB 2263, written testimony, submitted by Kelly Taylor, 1 pg.

P – HB 2263, -1 amendments, dated 2/17/03, submitted by staff, 1 pg.

Q – HB 2263, written testimony, submitted by Jon Baker, 1 pg.

R – HB 2263, written testimony, submitted by Layne Barlow, 3 pgs.

S – LC 2483, submitted by staff, dated 2/14/03, 9 pgs.

T – LC 3177, submitted by staff, dated 2/18/03, 3 pgs.

U – LC 2762, submitted by staff, dated 2/11/03, 5 pgs.