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