HOUSE COMMITTEE ON JUDICIARY

 

 

February 26, 2003   Hearing Room 357

1:00 p.m.  Tapes 57 - 58

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Jeff Barker

Rep. Bob Jenson

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

MEMBER EXCUSED:            Rep. Jerry Krummel

 

STAFF PRESENT:                  Bill Joseph, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            Measure Introduction

                                                SB  81 Work Session

                                                HB 2526 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 57, A

002

Chair Williams

Calls the meeting to order at 1:10 p.m. Introduces LC 1569, 2839, 2910, 2946, 2947, 2950, 2951, 2952, 2953, 2990, 3000, 3066, 3067, 3069, 3070, 3071 (EXHIBITS A-P).

030

Chair Williams

MOTION:  Moves LC 1569, 2839, 2910, 2946, 2947, 2950, 2951, 2952, 2953, 3000, 3066, 3067, 3069, 3070, 3071  BE INTRODUCED as committee bills.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

031

Chair Williams

Hearing no objection, declares the motion CARRIED.

032

Chair Williams

Opens a work session on SB 81.

SB 81 WORK SESSION

041

Greg Chaimov

Legislative Counsel. Submits testimony and testifies in support of SB 81 which makes technical changes in Oregon law (EXHIBIT Q). Discusses -1 amendments (EXHIBIT R).

155

Vice-Chair Ackerman

MOTION:  Moves to ADOPT SB 81-1 amendments dated 02/07/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

158

Chair Williams

Hearing no objection, declares the motion CARRIED.

160

Vice-Chair Ackerman 

MOTION:  Moves SB 81 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

167

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ACKERMAN will lead discussion on the floor.

183

Chair Williams

Closes the work session on SB 81 and opens a public hearing on HB 2526.

HB 2526 PUBLIC HEARING

186

Rep. Shetterly

District 23. Submits testimony and testifies in support of HB 2526 which repeals sunset on laws creating Hearing Officer Panel

(EXHIBIT S).

299

Rep. Shetterly

Discusses the changes in Section 1 of the bill. Points out the letter from the Governor’s Office (EXHIBIT T) and the -2 amendments (EXHIBIT U).

TAPE 58, A

005

Rep. Shetterly

Continues his testimony in support of HB 2526. States that the bill changes the title from Hearing Officer to Administrative Law Judge.

026

Tom Ewing

Chief Hearing Officer. Submits testimony and testifies in support of HB 2526 (EXHIBIT  V).

132

Ewing

Continues his discussion in support of HB 2526.

281

Rep. Macpherson

Asks about quality of decisions that are made with the Hearing Officer Panel.

266

Ewing

Answers that the quality of analysis has improved enormously.

319

Rep. Macpherson

Asks if agencies have more independence as a result of this configuration.

323

Ewing

Discusses the changes and says that he has come under criticism for his beliefs. Wants the best decisions made that are independent and impartial.

351

Rep. Shetterly

Comments that in HB 2525 they created a section dealing with ex parte contacts.

372

Rep. Prozanski

Points out that the Hearing Officer Panel has been in place for four years and wonders if he has any numbers of appeals or challenges of orders being given out compared to before the panel.

387

Ewing

Answers that he does not have that information, but it is information that they are tracking and will have more information next session.

406

Vice-Chair Ackerman

Remarks that his experience with Hearing Officers has been very satisfactory.  

TAPE 57, B

002

Vice-Chair Ackerman

Notes that the use of conference calls are very helpful in expediting the cases.

021

Ewing

Explains the issue of hiring law clerks.

033

Diana Godwin

Oregon State Bar. Testifies in support of HB 2526.

151

Godwin

Continues her discussion in support of HB 2526.

250

Janice Krem

Oregon State Bar. Submits testimony and testifies in support of HB 2526 (EXHIBIT W).

254

Rep. Shetterly

States that they have achieved a comfort level with HB 2526.

286

Mary Botkin

American Federation of State, County and Municipal Employees (AFSCME). Submits testimony and testifies in support of HB 2526 (EXHIBIT X). Wants amendments regarding the use of law clerks as hearing officers.

318

Rep. Shetterly

Says that he is committed to working with Mr. Ewing and the others in working out the problems.

350

Philip Schradle

Department of Justice. Testifies in support of HB 2526.

TAPE 58, B

002

Schradle

Continues his testimony in support of HB 2526.

087

Rep. Shetterly

Comments on bill and the sunset approaching and understands the Department of Justice’s concerns.

123

Chair Williams

Closes the public hearing on HB 2526 and opens a work session on HB 2526.

HB 2526 WORK SESSION

125

Rep. Shetterly

MOTION:  Moves to ADOPT HB 2526-2 amendments dated 02/25/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

128

Chair Williams

Hearing no objection, declares the motion CARRIED.

129

Rep. Shetterly

Discusses future amendments.

150

Rep. Shetterly

MOTION:  Moves HB 2526 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

154

Rep. Jenson

Expresses his concerns and his constituents’ concerns regarding the bill, but will support the bill.

257

Rep. Shetterly

Stresses the importance of making the Hearing Officer Panel permanent.

287

Vice-Chair Ackerman

Discusses differences in constituents and their concerns of state agencies.

330

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

332

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. SHETTERLY will lead discussion on the floor.

337

Chair Williams

Closes the work session on HB 2526 and adjourns the meeting at 2:56 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

A – LC 1569, submitted by staff, 2/3/03, 12 pgs.

B – LC 2839, submitted by staff, 2/25/03, 7 pgs.

C – LC 2910, submitted by staff, 2/24/03, 1 pg.

D – LC 2946, submitted by staff, 2/25/03, 4 pgs.

E – LC 2947, submitted by staff, 2/25/03, 2 pgs.

F – LC 2950, submitted by staff, 2/25/03, 1 pg.

G – LC 2951, submitted by staff, 2/25/03, 1 pg.

H – LC 2952, submitted by staff, 2/25/03, 1 pg.

I –  LC 2953, submitted by staff, 2/25/03, 1 pg.

J – LC 2990, submitted by staff, 2/25/03, 4 pgs.

K –LC 3000, submitted by staff, 2/25/03, 4 pgs.

L – LC 3066, submitted by staff, 2/25/03, 3 pgs.

M – LC 3067, submitted by staff, 2/25/03, 2 pgs.

N – LC 3069, submitted by staff, 2/25/03, 1 pg.

O –LC 3070, submitted by staff, 2/25/03, 4 pgs.

P – LC 3071, submitted by staff, 2/26/03, 3 pgs.

Q – SB 81, written testimony, submitted by Greg Chaimov, Legislative Counsel, 2/26/03, 1     pg.

R – SB 81, -1 amendments, submitted by staff, 2/7/03, 2 pgs.

S – HB 2526, written testimony, submitted by Rep. Shetterly, 10 pgs.

T – HB 2526, written testimony of MardiLyn Saathoff, General Counsel, Governor’s Office, submitted by staff, 2/26/03, 2 pgs.

U – HB 2526, -2 amendments, 2/25/03, 1 pg.

V – HB 2525, written testimony, submitted by Tom Ewing, 8 pgs.

W – HB 2526, written testimony, submitted by Janice Krem, 4 pgs.

X – HB 2526, written testimony, submitted by Mary Botkin, 1 pg.