HOUSE COMMITTEE ON JUDICIARY

 

 

April 02, 2003 Hearing Room 357

1:00 p.m. Tapes  118 - 120

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

                                                Rep. Robert Ackerman, Vice-Chair

Rep. Jeff Barker

Rep. Bob Jenson

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

MEMBER EXCUSED:            Rep. Gordon Anderson, Vice-Chair

 

STAFF PRESENT:                  Bill Joseph, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 3341 Public Hearing

                                                HB 2581 Public Hearing

HB 2694 Public Hearing

HB 2066 Work Session

HB 2150 Work Session

HB 2155 Work Session

HB 2156 Work Session

HB 2342 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 118, A

004

Chair Williams

Calls the meeting to order at 1:10 p.m. Opens a public hearing on HB 3341.

HB 3341 PUBLIC HEARING

008

Kathleen Haley

Board of Medical Examiners. Submits testimony and testifies in support of HB 3341 which authorizes Board of Medical Examiners for State of Oregon to establish professional liability fund for certain medical professionals licensed under ORS chapter 677 (EXHIBIT A).

054

Chair Williams

Closes the public hearing on HB 3341 and opens a public hearing on HB 2581.

HB 2581 PUBLIC HEARING

070

Rep. Bob Ackerman

House District 13. Submits testimony and testifies in support of HB 2581 which allows governing body to commence proceeding in circuit court to determine regularity and legality of certain actions of governing body (EXHIBITS B-D).

157

Jim Torrey

Mayor, City of Eugene. Submits testimony and testifies in support of HB 2581 (EXHIBIT E).

195

Jason Huser

City of Eugene. Testifies in support of HB 2581.

206

Rep. Prozanski

Asks what would happen if a defendant raised a constitutional issue. 

 

 

Discusses the -2 amendments (Exhibit C).

225

Rep. Ackerman

Says that he is covering the constitutional issue with those amendments.

245

Rep. Jenson

Asks about time frame of the process.

257

Rep. Ackerman

Answers that it should take the usual time for litigation.

268

Rep. Jenson

Asks about the new language in Section 1, subsection 2.

289

Rep. Ackerman

Responds that the governing bodies and other municipalities want this tool.

310

Rep. Shetterly

Discusses language of statute. Wonders about the issue of claim preclusion impacts.

400

Rep. Ackerman

Says that counsel for the constitutional body should raise every issue possible to avoid argument at a later time.

430

Torrey

Concludes that they are trying to make the process fair.

TAPE 119, A

021

Andrea Fogue

League of Oregon Cities. Testifies in support of HB 2581.

037

Linda Lynch

Lane Transit District. Submits testimony and testifies in support of HB 2581 (EXHIBIT F).

047

Andrea Myer

American Civil Liberties Union (ACLU). Testifies on HB 2581. Says she is concerned about constitutional questions being raised.

085

Chair Williams

Discusses bill. Closes the public hearing on HB 2581 and opens a public hearing on HB 2694.

HB 2694 PUBLIC HEARING

092

Ron Moore

Pacific Northwest Hardware and Implement Association. Testifies in support of HB 2694 which prescribes supplier’s obligations toward retailer of farm implements. Discusses amendments that they have.

101

Verl Scheibe

Fischer Implement Groups. Testifies in support of HB 2694.

190

Bill Joseph

Committee Counsel. Asks Mr. Moore if the bill is starting from a consensus point of view.

201

Rep. Shetterly

Asks about a problem with the -1 amendments (EXHIBIT  G).

241

Chair Williams

Discusses the bill and the -1 amendments. Says that they are leaving a stray line in the bill.

294

Chair Williams

Recommends that they combine the -1 amendments with the other amendments. Closes the public hearing on HB 2694 and opens a work session on HB 2066.

HB 2066 WORK SESSION

328

Chair Williams

States that there are many amendments to this bill.

347

Bradd Swank

Special Counsel, Oregon Judicial Department. Discusses the -15 and the -16 amendments (EXHIBITS H & I).

417

Rep. Prozanski

Asks for clarification of the amendments.

438

Rep. Barker

Asks Mr. Swank about “oath of office” in the -15 amendments.

TAPE 118, B

006

Swank

Answers that this bill was introduced to solve the problems of issues surrounding the oath of office.

018

Chair Williams

Asks how the oath definition differs in this bill.

022

Swank

Explains oath of office changes.

109

Chair Williams

MOTION:  Moves to ADOPT HB 2066-15 amendments dated 04/02/03.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Anderson, Shetterly

111

Chair Williams

Hearing no objection, declares the motion CARRIED.

113

Chair Williams

MOTION:  Moves to ADOPT HB 2066-16 amendments dated 04/02/03.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Anderson, Shetterly

115

Chair Williams

Hearing no objection, declares the motion CARRIED.

117

Chair Williams

Closes the work session on HB 2066 and opens a work session on HB 2150.

HB 2150 WORK SESSION

121

Bill Joseph

Committee Counsel. Introduces HB 2150 which specifies that copy of small estate affidavit must be mailed or delivered to the Estate Administration Unit of Department of Human Services.

139

Rick Mills

Department of Human Services (DHS). Discusses the -1 amendments (EXHIBIT J).

157

Rep. Macpherson

Says he has some concerns.

172

Mills

Explains current law and discussion of public hearing on bill.

219

Chair Williams

Asks about certifying of  filing of affidavit.

221

Mills

Discusses filing of small estate affidavit.

251

Rep. Shetterly

Recalls discussion of DHS being able to certify their own copies of affidavits.

290

Chair Williams

Talks about bill.

304

Mills

States that this bill is trying to reduce some of DHS’s administrative costs in pursuing their claims.

338

Rep. Macpherson

MOTION:  Moves to ADOPT HB  2150-1 amendments dated 03/19/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Anderson

403

Chair Williams

Hearing no objection, declares the motion CARRIED.

407

Rep. Macpherson

MOTION:  Moves HB 2150 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Anderson

410

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. MACPHERSON will lead discussion on the floor.

440

Chair Williams

Closes the work session on HB 2150 and opens a work session on HB 2155.

HB 2155 WORK SESSION

TAPE 119, B

005

Bill Joseph

Committee Counsel.  Introduces HB 2155 which authorizes Department of Human Services to bring action under certain conditions to recover amount of assistance paid. Discusses -1 amendments (EXHIBIT K).

033

Rick Mills

Department of Human Services (DHS). Explains bill and -1 amendments (Exhibit K).

053

Chair Williams

Discusses his concerns regarding how one manages risks.

069

Vice Chair Anderson

Says his concern is with the tort claim notice.

077

Rep. Shetterly

Mentions that the Elder Law Section of the Oregon State Bar addressed some issues that are not taken care of in the -1 amendments.

080

Chair Williams

Closes the work session on HB 2155 and opens a work session on HB 2156.

HB 2156 WORK SESSION

090

Bill Joseph

Committee Counsel. Introduces HB 2156 which authorizes Department of Human Services to present for recordation request for notice of transaction in deed and mortgage records of county in which public assistance recipient holds interest in real property.

111

Rick Mills

Department of Human Services (DHS). Discusses the -2 amendments (EXHIBIT L).

123

Rep. Shetterly

Discusses concerns with bill.

138

Mills

Responds to concerns.

167

Rep. Jenson

Shares his concerns about bill.

189

Chair Williams

Says that the bill needs work to move forward.

216

Mills

States that he will try to work with the Elder Law Section of the Oregon State Bar.

232

Vice-Chair Ackerman

Makes suggestions.

252

Rep. Macpherson

Expresses what the agency is trying to accomplish.

275

Chair Williams

Closes the work session on HB 2156 and opens a work session on HB 2342.

HB 2342 WORK SESSION

279

Bill Joseph

Committee Counsel. Introduces HB 2342 which allows claim to be made against estate of decedent at any time after personal representative is appointed. Discusses the -1 amendments (EXHIBIT M).

290

Rick Mills

Department of Human Services (DHS). Talks about the -1 amendments (Exhibit M).

304

Chair Williams

Recalls discussion of bill.

311

Mills

Explains that there is a provision in the bill submitted by the Department of Justice.

345

Vice-Chair Ackerman

Asks how long a person has to file a claim on page 1, section 1.

330

Mills

Describes the process.

408

Rep. Shetterly

Comments that he is okay with page 1, section 1.

448

Chair Williams

Says that the -1 amendments remove section 2 of the bill.

453

Vice-Chair Ackerman

Says he is satisfied with the statute of limitations language.

TAPE 120, A

028

Chair Williams

Asks what the policy purpose is for the 2-year time period.

030

Mills

Responds to why they changed the time period.

040

Chair Williams

Comments on the time period change in the bill.

057

Rep. Prozanski

Volunteers to work on the bill with the DHS.

063

Rep. Shetterly

Recommends that the Estate Planning or Elder Law Section also be involved in working on this bill.

127

Chair Williams

Discusses future meetings. Closes the work session on HB 2342 and adjourns the meeting at 3:05 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 3341, written testimony, submitted by Kathleen Haley, 1 pg.

B –  HB 2581, -1 amendments, submitted by staff, dated 3/28/03, 1 pg.

C – HB 2581, -2 amendments, submitted by staff, dated 3/28/03, 1 pg.

D – HB 2581, written testimony, submitted by Rep. Ackerman, 4 pgs.

E – HB 2581, written testimony, submitted by Mayor Jim Torrey, Eugene, 2 pgs.

F – HB 2581, written testimony, submitted by Linda Lynch, 1 pg.

G – HB 2694, -1 amendments, submitted by Rep. Zauner, dated 3/21/03, 5 pgs.

H – HB 2066, -15 amendments, submitted by staff, dated 4/2/03, 3 pgs.

I – HB 2066, -16 amendments, submitted by staff, dated 4/2/03, 2 pgs.

J – HB 2150, -1 amendments, submitted by staff, dated 3/19/03, 1 pg.

K – HB 2155, -1 amendments, submitted by staff, dated 3/18/03, 1 pg.

L – HB 2156, -2 amendments, submitted by staff, dated 3/25/03, 2 pgs.

M – HB 2342, -1 amendments, submitted by staff, dated 3/19/03, 1 pg.