HOUSE COMMITTEE ON JUDICIARY

 

 

April 01, 2003 Hearing Room 357

1:00 pm Tapes  113 - 117

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Bob Jenson

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

MEMBER EXCUSED:

Rep. Jeff Barker

 

STAFF PRESENT:                  Bill Joseph, Counsel

Nancy Massee, Committee Assistant

 

MEASURE/ISSUES HEARD:        

                                                HB 2340 Reconsideration and Work Session

                                                HB 3341 Public Hearing

                                                HB 3386 Public Hearing

                                                HB 2080 Public Hearing

                                                HB 2637 Public Hearing

                                                HB 2054 Public Hearing and Work Session

                                                HB 2060 Public Hearing

                                                HB 2761 Public Hearing and Work Session

                                                HB 3177 Public Hearing and Work Session

                                                HB 3329 Public Hearing

                                                HB 3330 Public Hearing

                                                HB 3370 Public Hearing and Work Session

                                                HB 3371 Public Hearing and Work Session

                                                HB 3372 Public Hearing and Work Session

                                                HB 2057 Work Session

                                                HB 2059 Work Session

                                                HB 2060 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 113, A

003

Chair Williams

Opens meeting at 1:35 pm.    Opens reconsideration and work session on HB 2340 which transfers responsibility for Child Support Program and associated functions from Department of Human Services to Department of Justice.

HB 2340 WORK SESSION

008

Chair Williams

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering the vote on HB 2340.

010

Chair Williams

Hearing no objection, declares the motion CARRIED.

                                                            VOTE:  6-0-3

                                                            EXCUSED:  3 - Barker, Macpherson, Shetterly

011

Rep. Prozanski

Moves to RECONSIDER the vote by which “HB 2340 was moved to the floor with a DO PASS AS AMENDED recommendation.”

 

 

VOTE:  6-0-3

EXCUSED:  3 - Barker, Macpherson, Shetterly

012

Chair Williams

Hearing no objection, declares the motion CARRIED.

113

Rep. Prozanski

MOTION:  Moves HB 2340 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the Committee on Ways and Means by prior reference.

015

Chair Williams

Hearing no objection, declares the motion CARRIED.

                                                            VOTE:  6-0-3

                                                            EXCUSED:  3 - Barker, Macpherson, Shetterly

016

Chair Williams

Closes work session on HB 2340. Opens public hearing on HB 3341 which authorizes Board of Medical Examiners for State of Oregon to establish professional liability fund for certain medical professionals licenses under ORS chapter 677.

HB 3341 PUBLIC HEARING

050

Mic Alexander

President, Oregon Trial Lawyers Association.  Testifies in support of HB 3341 and submits testimony (EXHIBIT A).  Explains liability funds for lawyers and doctors.  

095

Rep. Krummel

Asks how much could be raised for a Professional Liability Fund (PLF).

104

Alexander

Responds based upon historical data, $5,000 was estimated per year per physician;  now it would be about $17,000 per year per physician.  Over time it would level out.

118

Rep. Krummel

Asks how much money needs to be raised to cover lawsuits in a year.  Asks what the average judgment against an attorney is.  Says the Lawyers Liability Fund works well for lawyers.  What is an average judgment against a physician as compared to attorneys?

140

Alexander

Replies insurance would be affordable to everyone.  Lower risk specialists would have higher premiums.

182

Rep. Krummel

Discusses rewards to litigants.

142

Alexander

Responds that the funds are not comparable in assessments, but it is comparable in that it will make insurance affordable to high risk physicians.

223

Vice Chair Ackerman

Refers to page 2 of the bill which says that coverage will be the same for each person which is a 100 percent pooling theory.  Asks if alternatives have been considered to assist those physicians with lower risks.

235

Alexander

Responds there are creative ideas. Supports ideas for new funding mechanisms.

257

Chair Williams

Asks about caps.

264

Alexander

Responds that there are not limits set in the bill.

279

Vice Chair Anderson

Asks if the PLF is mandatory for attorneys.

282

Alexander

Responds that except for state employees, public defenders, etc.  Private attorneys must belong to keep licensed. Explains why it must be a monopoly in order to work.

358

Dr. Jim Dorigan

Chief Executive Officer, Northwest Physicians Mutual Insurance Company, an Oregon domiciled mutual insurance. Testifies in partial support of HB 3341 and submits testimony (EXHIBIT B).  Explains how the PFL would work for physicians.  Says the bill does not address the increasing scale and claim severity.

410

Dr. Dorigan

Continues presentation.  Describes tort reform in some states. 

TAPE 114, A

010

Dr. Dorigan

Continues explaining effects of liability.

042

Scott Gallant

Oregon Medical Association (OMA).  Discusses responsibility of actuarial impact.  Describes PLF performance.  Testifies in opposition to HB 3341.

129

Meg Reinhold

Department of  Consumer and Business Services (DCBS).  Testifies that the department supports these ideas.    

117

Vice Chair Ackerman

Refers to page 1, problem with number 4, of Dr, Dorigan’s testimony, (Exhibit B). Asks if there was a study to confirm the figures on that page. 

125

Dr. Dorigan

Replies the figures were based on the Insurance Division’s $17,000 annual premium estimate. 

150

Vice Chair Ackerman

Asks if the estimation can be converted to dollar amounts.

152

Dr. Dorigan

Refers to the two specialties of obstetrics (rate of $61,203)  and neurosurgery rate at $62,704. Premium average is 25 percent below the filed rate with credits for experience, credits for attending loss prevention work shops and credits for board certification.   

198

Rep. Krummel

Refers to section 2, page 2, which says the Board of Medical Examiners create a committee to help physicians and surgeons.  Asks if that is not already done.

166

Dr. Dorigan

Answers the Oregon Medical Association performed that service until the 1980s when the Board of Medical Examiners took over those duties.

182

Rep. Krummel

Asks if Pacific Northwest Mutual acts similar to PLF.  

349

Chair Williams

Closes public hearing on HB 3341.  Opens public hearing on 3386.

HB 3386 PUBLIC HEARING

365

Mic Alexander

OMA.  Testifies in support of HB 3386 imposes health insurance surcharge.

371

Len Hagen

Regence Blue Cross. Testifies in opposition to HB 3386 and submits testimony (EXHIBIT C).  Describes how costs are passed along. HB 3386 does not address the professional liability crisis.  Says Oregon needs the ability to cap.

380

Rep. Prozanski

Says according to Oregon’s Constitution, caps cannot be implemented.

390

Rep. Krummel

Asks of .1 percent increase in Blue Cross operations would result in 10 percent increase in premiums.

395

Hagen

Responds he does not know.

TAPE 113, B

040

Scott Gallant

Oregon Medical Association (OMA). Discusses the effort for finding subsidies for liability funding.

052

Peggy Anet

Health Insurance Association of America.  Testifies in opposition to HB 3386. 

079

J. L. Wilson

National Federation of Independent Business (NFIB).  Testifies in opposition to HB 3386. 

110

Lisa Trussell

Association of Oregon Industries (AOI).  Testifies in opposition to HB 3386.  Describes it as a direct cost shift.

117

Rep. Krummel

Asks if .1 percent increase in insurance companies would equal 10 percent increase in premiums.

120

Wilson

Answers he does not know.

123

Vice Chair Anderson

Closes public hearing on HB 3386.  Opens public hearing on HB 2080 which provides that statute of limitations for product liability civil actions commences to run when plaintiff first discovered, or in exercise of reasonable care should have discovered, death, injury or damage complained of.

HB 2080 PUBLIC HEARING

125

Vice Chair Anderson

Closes public hearing on HB 2080.  Opens public hearing on HB 2637.

HB 2637 PUBLIC HEARING

130

Bill Joseph

Committee Counsel. Explains HB 2637 which provides that state agency has burden of proof on all disputed issues in certain contested case proceeding and that agency must meet burden by clear and convincing evidence.

176

J. L. Wilson

National Federation of Independent Business (NFIB). Testifies in support of HB 2637 and submits testimony (EXHIBIT D).  Gives examples of where this bill would provide equity.

304

Wilson

Continues presentation on HB 2637. States he is supporting the concept, and the specifics can be worked on. Explains Oregon Safety and Health Association (OSHA) has a compliance side for assistance.  Says OSHA is a model in some respects. 

336

Jim Nass

Legal Counsel, Appellate Courts.  Testifies in opposition to HB 2637; opposes subsection 4 of section 2, page 1 and submits testimony (EXHIBIT E).

365

Philip Schradle

Special Counsel to the Attorney General.  Introduces David Reese and Christine Chute.  

380

Schradle

Testifies in opposition to HB 2637; explains HB 2637 is overreaching on a system level.  It affects all agencies and all practices.

420

David Reese

Deputy General Counsel, Governor’s Office. Testifies in opposition to HB 2637 and submits testimony (EXHIBIT F). Explains that HB 2637 is too broad. 

421

Staff

Submits testimony in opposition to HB 2637 from Oregon Employment Department by Greg Hickman (EXHIBIT G).

422

Cindy Hannum

Administrator, Seniors and People with Disabilities, Department of Human Services testifies in opposition to HB 2637 and submits testimony (EXHIBIT H).

425

Staff

Submits testimony in opposition to HB 2637 for the Board of Medical Examiners by Kathleen Haley (EXHIBIT I).

TAPE 114, B

030

Christine Chute

Department of Justice (DOJ).  States she is available to answer questions.

040

Schradle

Continues further testimony in opposition to HB 2637.

073

Vice Chair Anderson

Comments that in his experience it is the responsibility of the Board of Examiners to prove the licensee guilty.

080

Schradle

Responds the agency would have to prove a violation has occurred.

100

Chair Williams

Asks about recovering attorney’s fees.

106

Chute

Answers that the Court of Appeals has the authority to award attorneys fees against agencies. Hearing Officers do not have authority to award attorney fees.

115

Chair Williams

Asks how often has the Court of Appeals awarded attorney fees for a determination where there has been no basis by the agency in law or fact.

122

Chute

Recalls since about 1983, fewer than 5 cases, maybe 3, where agencies act with no basis in fact.

154

Schradle

Comments agencies are held accountable as much as anybody else.

185

Rep. Jenson

Asks if contested case hearings could include those against an individual who is accused of being an unfit parent. Asks about Ch 183.

192

Chair Williams

Explains most cases are about professional licenses at issue. Explains Ch 183 is the Administrative Procedures Act of Oregon..

198

Rep. Prozanski

Refers to OROSHA inspection issues.  Asks about the recourse for an individual when an inspection does not pass.

205

Chute

Answers on different issues.

219

Chair Williams

Closes public hearing on HB 2637.  Opens public hearing on HB 2054 which allows registered collection agency to appear as party in small claims proceedings without appearance by attorney for purpose of recovering amount owing on claim or account assigned to agency for collection.

HB 2054 PUBLIC HEARING

229

Jim Markee

Oregon Collectors Association. Testifies in support of HB 2054 and submits testimony (EXHIBITJ).  Explains lawsuits in other states that were against collection agencies.  Says the Oregon State Bar supports this bill.

277

Rep. Shetterly

Asks if there are any other statutes in chapter 43.

285

Markee

Responds he does not believe so.

290

Jeff Hasson

Legal Counsel to Oregon Collectors Association. Testifies in support of HB 2054.

295

Rep. Prozanski

Asks if the judges from Jackson County supported that ORS 46.415 sub 5 would rule in your clients’ behalf.

299

Markee

Answers that is correct.

300

Chair Williams

Closes public hearing on HB 2054.  Opens work session HB 2054.

HB 2054 WORK SESSION

301

Rep. Shetterly

MOTION:  Moves HB 2054 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Anderson, Barker, Macpherson

302

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. KRUMMEL will lead discussion on the floor.

321

Chair Williams

Closes work session on HB 2054.  Opens public hearing on HB 2060 which directs trustee foreclosing trust deed by sale to file affidavit in county records describing entire amount that must be paid or performance required to cure default.

HB 2060 PUBLIC HEARING

325

Chair Williams

Closes public hearing on HB 2060.

 TAPE 115, A

042

Chair Williams

At 3:30 pm, recesses meeting until 5:30.  Reconvenes meeting at 5:40 pm.  Opens public hearing on HB 2761.

HB 2761 PUBLIC HEARING

065

Bill Joseph

Committee Counsel.  Explains that HB 2761 requires that certain motions and responsive pleadings be filed within 15 days after service of pleading moved against or after service of pleading to which responsive pleading is directed. Explains the -1 amendments (EXHIBIT K). Explains this is an attorneys’ bill; it is a gut and stuff. This issue was brought forth by the Oregon State Bar, Appellate Section.

121

Chair Williams

Closes public hearing on HB 2761. Opens work session on  HB 2761.

HB 2761 WORK SESSION

135

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2761-1 amendments dated 3/27/03.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Barker, Shetterly

136

Chair Williams

Hearing no objection, declares the motion CARRIED.

138

Rep. Prozanski

MOTION:  Moves HB 2761 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Barker, Shetterly

139

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

140

Chair Williams

Closes work session on HB 2761 and opens public hearing on HB 3177.

HB 3177 PUBLIC HEARING

179

Scott Harra

Department of Consumer and Business Services (DCBS).  Explains HB 3177 which allows DCBS to issue warrants for collection of debts owed to department.  Testifies in support of HB 3177.

186

Rep. Jenson

Asks why there is a 30-day limit.

189

Harra

Responds that the 30 days start after the employer has gone through all the appeals processes. It is standard.

199

Rep. Jenson

Asks about the appeals process.

215

Chair Williams

Expresses his opinion that there is concern about the agencies having expansive authority by issuing warrants and administrative garnishments.   Closes public hearing on HB 3177. Opens work session on HB 3177.

HB 3177 WORK SESSION

335

Rep. Anderson

MOTION:  Moves HB 3177 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Barker, Shetterly

336

Chair Williams

Hearing no objection, declares the motion CARRIED.

337

Chair Williams

Closes public hearing on HB 3177. Opens public hearing on HB 3329.

HB 3329 PUBLIC HEARING

340

Pete Shepherd

Deputy Attorney General, Department of Justice (DOJ). Explains HB 3329 which authorizes Department of Justice to initiate and participate in efforts to prepare for, and to assist in, delivery of services to individuals traumatized by acts of mass violence. Refers to the Thurston High School massacre in Springfield, Oregon that would be relevant to this bill.

377

Rep. Jenson

Expresses concern about lack of focus of the bill. Asks if these services are defined in the crime victims assistance program.

380

Shepherd

Responds that the term “services” in this bill are different. Does not think this language would be so broad as to override any practice act.

402

Chair Williams

Asks if DOJ can initiate these services without the bill.

405

Shepherd

Responds to subsection 1 of section 2, delivery of services.  Explains the funding for the crime victims assistance program is derived from funds allocated for expenditure as described in Chapter 147. The program is limited to delivery of services to victims of crime.  That stops short of individuals who are not injured or killed in the event.

TAPE 116, A

043

Shepherd

Explains DOJ does not anticipate the bill having a fiscal impact or additional resources.

054

Rep. Krummel

Asks if any other statutory language mirrors this bill.

061

Shepherd

Refers to Chapter 147, victims of crimes.  Offers to get descriptions of services already rendered.

080

Rep. Krummel

Says he would like to see those services.

092

Chair Williams

Closes public hearing on HB 3329.  Opens public hearing on HB 3330.

HB 3330 PUBLIC HEARING

096

Pete Shepherd

Deputy Attorney General, DOJ.  Testifies in support of HB 3330 and submits written testimony (EXHIBIT L). Explains HB 3330 which authorizes Governor to proclaim that act of war, terrorism or sabotage has caused death of unknown persons on specific date at specific place.

177

Chair Williams

Asks about natural disaster events that are more likely in Oregon.

190

Shepherd

Explains the purpose of the law relates to deficiency in Oregon law for catastrophic events such as the September 11th disaster.

216

Chair Williams

Compares the World Trade Towers disaster of September 11, 2001 and the natural disaster events that can occur in the Pacific Northwest with volcanoes, floods, and earthquakes.

223

Rep. Shetterly

Has questions about HB 3330. Comments on coordinating this bill with Chapter 117. Asks if the geographical limitation is necessary.

231

Shepherd

Agrees it has not been well coordinated.

240

Chair Williams

Asks the parties to confer with the Estates Section of the Oregon State Bar and Rep. Shetterly.  Will keep the bill for further input.

278

Rep. Krummel

Agrees a catastrophic natural event is likely in Oregon.

282

Chair Williams

Closes public hearing on HB 3330.  Opens public hearing on HB 3370.

HB 3370 PUBLIC HEARING

323

Chair Williams

Gives background on the relating Oregon Law Commission bills HB 3370, HB 3371, and HB 3371.

334

Wendy Johnson

Oregon Law Commission.  Explains HB 3370 which consolidates laws governing eminent domain.  Testifies in support of HB 3370 and submits testimony (EXHIBIT  M). Describes the work group on eminent domain bills.

340

Chair Williams

Closes public hearing.  Opens work session on HB 3370.

HB 3370 WORK SESSION

341

Rep. Shetterly

MOTION:  Moves HB 3370 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Ackerman, Barker

342

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. SHETTERLY will lead discussion on the floor.

342

Chair Williams

Closes work session on HB 3370.  Opens public hearing on HB 3371.

HB 3371 PUBLIC HEARING

345

Wendy Johnson

Oregon Law Commission. Explains HB 3371 which requires that condemner make offer for property at least 40 days before commencing condemnation action, instead of 20 days. Testifies in support of HB 3371 and submits testimony (EXHIBIT N).  Gives background on work group. Says this is a consensus bill.

454

Rep. Krummel

Asks for an example of an emergency where there is a need to condemn property.

TAPE 115, B

040

Chair Williams

Explains that the road authority is taken out if determined an emergency exists.

050

Johnson

States condemner is defined in ORS 35.215 subsection 1.

055

Chair Williams

Closes public hearing on HB 3371. Opens work session on HB 3371.

HB 3371 WORK SESSION

059

Rep. Krummel

Says he does not understand section 3, what kind of a threat would be posed that would create an emergency that a condemner should not have to wait the 40 days. Says for that reason he opposes the bill.

065

Rep. Shetterly

Explains the work group would be able to give numerous examples and explanations.

068

Dennis Weigel

Oregon Department of Transportation (ODOT).  States ODOT supports HB 3371. Gives example of when a highway slide occurs. The language in the bill expands the authority to other condemners.

070

Rep. Shetterly

MOTION:  Moves HB  3371 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-1-1

No – Krummel

Excused – Barker

MOTION IS CARRIED.

REP. SHETTERLY  will lead discussion on the Floor.

072

Chair Williams

Closes work session on HB 3371.  Opens public hearing on HB 3372.

HB 3372 PUBLIC HEARING

194

Wendy Johnson

Oregon law Commission.  Explains HB 3372 which provides standard procedure for entry upon and examination, survey, testing and sampling of real property before commencement of condemnation action. Testifies in support of HB 3372 and submits testimony (EXHIBIT O). Explains -1 amendments (EXHIBIT P).

188

Chair Williams

Asks about the -1 amendments on judicial discretion. Closes public hearing on HB 3372.  Opens work session on HB 3372.

HB 3372 WORK SESSION

190

Rep. Shetterly

MOTION:  Moves to ADOPT HB 3372-1 amendments dated 3/18/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Barker

191

Chair Williams

Hearing no objection, declares the motion CARRIED.

192

Rep. Shetterly

MOTION:  Moves HB 3372 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Barker

193

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. SHETTERLY will lead discussion on the floor.

194

Chair Williams

Closes work session on HB 3372. Opens work session on HB 2057.

HB 2057 WORK SESSION

214

Bill Joseph

Committee Counsel. Explains HB 2057 which provides that election not be held for position on Board of Governors of Oregon State Bar, or for position in house of delegates of Oregon State Bar, for which only single candidate has been nominated.  Submits HB 2057-1 amendments (EXHIBIT Q).

213

Rep. Shetterly

Discusses that the -1 amendments replace sections 1 and 2 entirely of the bill.

215

Susan Grabe

Oregon State Bar. Testifies in support of HB 2057. Explains HB 2057-1 amendments facilitate electronic voting. Says both sides agree.

220

Rep. Ackerman

MOTION:  Moves to ADOPT HB 2057-1 amendments dated 3/10/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Barker

221

Chair Williams

Hearing no objection, declares the motion CARRIED.

223

Rep. Ackerman

MOTION:  Moves HB 2057 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Barker

223

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ACKERMAN will lead discussion on the floor.

225

Chair Williams

Closes work session on HB 2057.  Opens work session on HB 2059.

HB 2059 WORK SESSION

230

Bill Joseph

Committee Counsel.  Explains HB 2059 which sets procedure for filing bond or depositing money when possessory chattel lien is claimed for storage of chattel.  Explains this refers to automobile storage. Submits HB 2059-1 amendments (EXHIBIT R).

423

Mark Comstock

Oregon State Bar. Explains HB 2059 which sets procedure for filing bond or depositing money when possessory chattel lien is claimed for storage of chattel. Testifies in support of HB 2059 and the -1 amendments.

TAPE 116, B

022

Comstock

Continues explaining why HB 2059 is needed. States the bill would assist both sides. 

065

Vice Chair Ackerman

Asks if attorney fees are awarded in a foreclosure under that authority.

070

Comstock

Believes attorney fees are allowed in a separate provision in chapter 87.

072

Vice Chair Ackerman

Refers to section 2, page 1.  Estimates a bond would be close to $3,000 in a case of this nature.

085

Comstock

Explains bonds in certain situations. Discusses construction lien procedures.

115

Chair Williams

States the issue is accruing storage charges while a dispute of owing is undergone.  Says the -1 amendments deal with smaller cases.

143

Deborah Elkins

Director, Northwest Automotive Trades Association.  Discusses the -1 amendments. Explains she contacted bonding companies about issuing bonds in credit risk situation. Suggests the lien process.       

185

Chair Williams

Asks about smaller disputes with mechanics, for example, about storage costs.   

220

Elkins

Answers the average repair facility is small and does not deal with attorneys.

240

Chair Williams

Comments on arbitration cases.  States the issue is the overwhelming superior negotiating power of the party in possession of the vehicle.

260

Al Elkins

Oregon Tow Truck Association. Describes the processing of about 40,000 vehicles a year through lien processing.  Agrees that the bill needs some more language work.

279

Chair Williams

Refers to January  22 hearing and says this language should have been resolved by now.

280

Rep. Shetterly

MOTION:  Moves to ADOPT HB 2059-1 amendments dated 3/26/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Barker

271

Chair Williams

Hearing no objection, declares the motion CARRIED.

272

Rep. Shetterly

MOTION:  Moves HB 2059 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Barker

273

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. WILLIAMS will lead discussion on the floor.

274

Vice Chair Ackerman

Explains reservations about the bill.

275

Chair Williams

Closes work session on HB 2059.  Opens work session on HB 2060.

HB 2060 WORK SESSION

320

Bill Joseph

Committee Counsel.  Explains HB 2060 which directs trustee foreclosing trust deed by sale to file affidavit in county records describing entire amount that must be paid or performance required to cure default.

357

Mark Comstock

Oregon State Bar. Testifies in support of HB 2060 and explains how HB 2060 directs trustee. Mentions the objections to this bill. Mentions those parties supporting the amendments.

TAPE 117, A

004

Comstock

Explains support for the -1 amendments (EXHIBIT S ).

014

Rep. Shetterly

Relates his concerns about HB 2060.  Suggests a change in wording.

021

Chair Williams

Comments that “personal delivery” is not used in the usual sense.

031

Vice Chair Ackerman

Refers to “date” on page 2, section 3, subsection a. Asks if that means date of sale.  

037

Comstock

Explains the language.

038

Rep. Shetterly

MOTION:  Moves to ADOPT HB 2060-1 amendments dated 4/1/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Barker

039

Chair Williams

Hearing no objection, declares the motion CARRIED.

040

Rep. Shetterly

MOTION:  Moves HB 2060 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Barker

041

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. JENSON will lead discussion on the floor.

042

Chair Williams

Closes the work session on HB 2060 and adjourns meeting at 7:40 pm.

 

 

 

 

EXHIBIT SUMMARY

 

A – HB 3341, 3386, written testimony, Michael Alexander, 10 pp

B – HB 3341, written testimony, Dr. James Dorigan, 2 pp

C – HB 3386, written testimony, Leonard Hagen, 1 p

D – HB 2637, written testimony, J. L. Wilson, 2 pp

E – HB 2637, written testimony, Jim Nass, 1 p

F – HB 2637, written testimony, David Reese, 2 pp

G – HB 2637, written testimony, Greg Hickman, 2 pp

H – HB 2637, written testimony, Cindy Hannum, 4 pp

I  -  HB 2637, written testimony, Kathleen Haley, 1 p

J -   HB 2054, written testimony, Jim Markee, 11 pp

K – HB 2761-1 amendments, staff, 2 pp

L -  HB 3330, written testimony (chart), Pete Shepherd, 6 pp

M – HB 3370, written testimony, Wendy Johnson, 2 pp

N – HB 3371, written testimony, Wendy Johnson, 3 pp

O – HB 3372, written testimony, Wendy Johnson, 5 pp

P – HB 3372-1 amendments, staff, 1 p

Q – HB 2057-1 amendments, staff, 3 pp

R – HB 2059-1 amendments, staff, 1 p

S – HB 2060-1 amendments, staff, 3 pp