HOUSE COMMITTEE ON JUDICIARY

 

March 20, 2003   Hearing Room 357

1:00 pm Tapes  95 - 96

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Gordon Anderson, Vice-Chair

Rep.  Jeff  Barker

Rep.  Bob Jenson

Rep.  Jerry Krummel

Rep.  Greg Macpherson

Rep.  Floyd Prozanski

Rep.  Lane Shetterly

 

STAFF PRESENT:                  Bill Joseph, Counsel

Nancy Massee, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2465 Public Hearing

                                                HB 2523 Public Hearing

                                                HB 2049 Work Session

                                                HB 2061 Work Session

                                                HB 2063 Work Session

                                                HB 2340 Work Session

                                                Introduction of LC 3491

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 95, A

004

Chair Williams

Opens meeting at 1:12 pm.  Opens public hearing on HB 2465.

HB 2465 PUBLIC HEARING

019

Chair Williams

States HB 2465 will be heard at a later date.  Closes public hearing on HB 2465.  Opens public hearing on HB 2523.

HB 2523 PUBLIC HEARING

020

Chair Williams

States HB 2523 will be heard at a later date.  Closes public hearing on HB 2523.  Opens work session on HB 2049.

HB 2049 WORK SESSION

024

Bill Joseph

Committee Counsel.  Explains HB 2049 which requires that motion to amend pleading to assert claim for punitive damages be filed and served not less than 45 days before date set for trial. Explains the -4 amendments (EXHIBIT A).  Says the trial lawyers, the defense lawyers, and the court have no issue with this bill.

064

Rep. Shetterly

MOTION:  Moves to ADOPT HB 2049-4 amendments dated 03/18/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Barker

065

Chair Williams

Hearing no objection, declares the motion CARRIED.

068

Rep. Shetterly

MOTION:  Moves HB 2049 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Barker

069

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ACKERMAN will lead discussion on the floor.

075

Chair Williams

Closes work session on HB 2049.  Opens work session on HB 2061.

HB 2061 WORK SESSION

080

Bill Joseph

Committee Counsel. Explains HB 2061 which modifies law relating to property that is exempt from execution for purpose of application against debt.  Explains the -1 amendments (EXHIBIT B).

120

Linda Johannsen

Attorney for debtor/credit law. Explains need for bill and amendment. Submits testimony and testifies in support of HB 2061 and the -1 amendments (EXHIBIT C).

130

Rep. Shetterly

Testifies in support of HB 2061 and explains changes by the -1 amendments.

175

Rep. Shetterly

MOTION:  Moves to ADOPT HB 2061-1 amendments dated 03/18/03.

 

 

VOTE:  9-0

176

Chair Williams

Hearing no objection, declares the motion CARRIED.

177

Rep. Shetterly

MOTION:  Moves HB 2061 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

178

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. SHETTERLY will lead discussion on the floor.

180

Chair Williams

Closes work session on HB 2061.  Opens work session on HB 2063.

HB 2063 WORK SESSION

190

Bill Joseph

Committee Counsel. Explains HB 2063 which enacts the 1997 Uniform Principal and Income Act and submits the -2 amendments (EXHIBIT D).

200

Chris Cline

Attorney, Portland. Testifies in support of HB 2063. Explains the Uniform Principal and Income Act. Defines what is income and what is principal for trust agreements.  Explains section 4b of HB 2063 is a substantive change.

249

Rep. Macpherson

Refers to the state court administrator’s question on 4a subsection 4 in previous hearing.

286

Cline

Reiterates on section 4a, change sentence at the top of  page 5, the court “shall” to “may.”

295

Chair Williams

Suggests ways to handle this.

297

Rep. Shetterly

Suggests line 9, which says “shall determine” change to “may instruct.”

327

Rep. Williams

MOTION:  Moves to SUSPEND the rules for the purpose of conceptually amending the -2 amendments to HB 2063.

 

 

VOTE:  9-0

328

Chair Williams

Hearing no objection, declares the motion CARRIED.

329

Rep. Shetterly

MOTION:  Moves to conceptually AMEND HB 2063-2 amendments on page 1, line 9, and insert after the word “delete”, the word  "shall" and inserting after the word “insert” put “may instruct the fiduciary upon.”

 

 

VOTE:  9-0

330

Chair Williams

Hearing no objection, declares the motion CARRIED.

331

Rep. Shetterly

MOTION:  Moves to ADOPT HB 2063-2 amendments as conceptually amended.

 

 

VOTE:  9-0

332

Chair Williams

Hearing no objection, declares the motion CARRIED.

333

Rep. Shetterly

MOTION:  Moves HB 2063 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

335

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. MACPHERSON will lead discussion on the floor.

340

Chair Williams

Closes work session on HB 2063.  Opens work session on HB 2340.

HB 2340 WORK SESSION

385

Bill Joseph

Committee Counsel.  Explains HB 2340 which transfers responsibility for Child Support Program and associated functions from Department of Human Services to Department of Justice. Explains the -1 amendments (EXHIBIT E).

390

Chair Williams

MOTION:  Moves to ADOPT HB 2340-1 amendments dated 02/14/03.

 

 

VOTE:  9-0

392

Chair Williams

Hearing no objection, declares the motion CARRIED.

393

Chair Williams

MOTION:  Moves HB 2340 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

394

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. WILLIAMS will lead discussion on the floor.

395

Chair Williams

Closes work session on HB 2340.  Opens Introduction of LC 3491.

TAPE 96, A

LC 3491 INTRODUCTION

011

Chair Williams

MOTION:  Moves LC 3491 BE INTRODUCED as a committee bill (EXHIBIT F).

 

 

VOTE:  9-0

012

Chair Williams

Hearing no objection, declares the motion CARRIED.

014

Chair Williams

Adjourns meeting at 1:40 pm.

 

EXHIBIT SUMMARY

 

A – HB 2094-4 amendments, staff, 2 pp

B – HB 2061-1 amendments, staff, 1 p

C – HB 2061, written testimony, Linda Johannsen, 1 p

D – HB 2063-2 amendments, staff, 7 pp

E – HB 2340-1, amendments, staff, 1 p

F -  LC 3491, staff, 7 pp