HOUSE COMMITTEE ON JUDICIARY

 

 

April 18, 2003 Hearing Room 357

1:00 p.m. Tapes  148 - 149

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Robert Ackerman, 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

                                                Bill Taylor, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2646 Work Session

                                                HB 2696 Work Session

                                                HB 2706 Work Session           

                                                HB 2523 Reconsideration & Work Session

                                                HB 3539 Work Session

                                                HB 2094 Work Session

                                                HB 3250 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 148, A

003

Chair Williams

Calls the meeting to order at 1:10 p.m. Opens a work session on HB 2646.

HB 2646 WORK SESSION

020

Dave Heynderickx

Deputy, Legislative Counsel. Discusses HB 2646 which revises laws relating to judgments. Discusses the -2 amendments (EXHIBIT A).

055

Bradd Swank

Special Counsel, Oregon Judicial Department. Says that they are trying to make the bill workable.

074

Randy Jordan

Department of Justice. Submits testimony and discusses the -2 amendments and the workgroup (EXHIBIT B).

104

Chair Williams

MOTION:  Moves to ADOPT HB 2646-2 amendments dated 04/18/03.

 

 

VOTE:  6-0-3

EXCUSED:  3 -  Anderson, Krummel, Shetterly

114

Chair Williams

Hearing no objection, declares the motion CARRIED.

 

118

Chair Williams

MOTION:  Moves HB 2646 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Anderson, Krummel, Shetterly

120

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. WILLIAMS will lead discussion on the floor.

125

Chair Williams

Closes the work session on HB 2646 and opens a work session on HB 2696.

HB 2696 WORK SESSION

130

Bill Joseph

Committee Counsel. Introduces HB 2696 which modifies definition of public assistance.

139

Chair Williams

Discusses -1 amendments (EXHIBIT C).

140

Martin Taylor

Oregon Nurses Association. Testifies in support of HB 2696.

174

Lisa Joyce

Department of Human Services. Testifies in support of HB 2696.

212

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2696-1 amendments dated 04/17/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 -  Anderson

211

Chair Williams

Hearing no objection, declares the motion CARRIED.

215

Rep. Prozanski

MOTION:  Moves HB 2696 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Anderson

220

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. WILLIAMS will lead discussion on the floor.

254

Chair Williams

Closes the work session on HB 2696 and opens a work session on HB 2706.

HB 2706 WORK SESSION

265

Stephen Kafoury

Professional Land Surveyors of Oregon. Discusses HB 2706 and -3 amendments (EXHIBIT D). Comments on the -2 amendments (EXHIBIT E).

316

Jim Markee

Oregon Mortgage Lenders Association. Discusses the amendments to HB 2706.

321

Chair Williams

Asks Mr. Markee if he supports the -3 amendments.

351

Rep. Prozanski

Asks for Mr. Kafoury’s response to Mr. Markee’s remarks.

358

Kafoury

Responds that his clients have never foreclosed on a lien.

377

Rep. Prozanski

Asks if his clients would be willing to amend the bill in the Senate Judiciary Committee.

383

Kafoury

Answers that he has not raised that question with them. Talks about the -1 amendments (EXHIBIT F).

400

Chair Williams

MOTION:  Moves to ADOPT HB 2706-3 amendments dated 04/18/03.

 

 

VOTE:  9-0

409

Chair Williams

Hearing no objection, declares the motion CARRIED.

430

Chair Williams

MOTION:  Moves to ADOPT HB 2706-1 amendments dated 04/09/03.

 

 

VOTE:  9-0

433

Chair Williams

Hearing no objection, declares the motion CARRIED.

TAPE 149, A

006

Chair Williams

MOTION:  Moves HB 2706 to the floor with a DO PASS AS AMENDED recommendation.

008

Rep. Shetterly

Says that they might want to look at a homestead exemption on the Senate side.

022

Rep. Prozanski

Agrees with Rep. Shetterly.

035

 

VOTE:  9-0

037

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. BARKER will lead discussion on the floor.

040

Chair Williams

Closes the work session on HB 2706 and opens a work session on HB 2523.

HB 2523 RECONSIDERATION AND WORK SESSION

042

Rep. Ackerman

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 2523.

 

 

VOTE:  9-0

044

Chair Williams

Hearing no objection, declares the motion CARRIED.

 

 

MOTION:  Moves to RECONSIDER the vote by which HB 2523 was sent to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

050

Chair Williams

Hearing no objection, declares the motion CARRIED.

 

 

MOTION:  Moves HB  2523 to the floor with a DO PASS AS AMENDED recommendation and be referred to the COMMITTEE ON WAYS AND MEANS.

 

 

VOTE:  9-0

060

Chair Williams

Hearing no objection, declares the motion CARRIED.

070

Chair Williams

Closes the work session on HB 2523 and opens a work session on HB 3539.

HB 3539 WORK SESSION

082

Bill Joseph

Committee Counsel. Introduces HB 3539 which directs seller of certain residential property to provide protection for purchaser of property regarding construction liens perfected after sale of property is completed.

085

Representative Jeff Merkley

House District 47. Submits testimony and testifies in support of HB 3539 (EXHIBITS G & H).

184

Rep. Barker

Asks if title insurance provides protection.

187

Rep. Merkley

Answers that regular title insurance only protects you against things that are recorded, not liens.

203

Vice Chair Ackerman

Says that he is not sure that title insurance companies would insure against risks imposed in the bill.

210

Rep. Merkley

Explains that customers can buy these policies, but nothing compels a title insurance company to do this.

230

Rep. Krummel

Asks what happens to the money (escrow or bond)  if there is no lien claim.

242

Rep. Merkley

Explains what happens to escrow or bond money.

276

Vanette Varnell

Constituent, Rep. Merkley. Tells her experience of purchasing a house and discovering that there were liens that were on their property that they were not aware of.

316

Bill Boyd

Construction Contractors Board. Talks about the fiscal impact on the original bill, but says the -1 amendments take care of it.

334

Scott Barry

Oregon Building Industry Association. Discusses bill and says that there are some issues that need to be addressed. Discusses his concerns with the -1 amendments (EXHIBIT G). Says that this problem does not occur very often.

405

Jana Jarvis

Oregon Association of Realtors. Discusses her concerns. Says the -1 amendments fix the bill.

425

Vice Chair Ackerman

Asks if a title insurance company would write a policy like that described in the bill.

TAPE 148, B

008

Jack Munro

Oregon Land & Title Association. Discusses HB 3539 and their concerns.

024

Vice Chair Ackerman

Asks if this is an insurance product that is on the market now (title insurance).

028

Munro

Says he thinks not.

036

Jim Markee

Oregon Mortgage Lenders Association. Encourages committee to move forward with HB 3539 and the -1 amendments.

063

Rep. Prozanski

MOTION:  Moves to ADOPT HB 3539-1 amendments dated 04/17/03.

 

 

VOTE:  9-0

066

Chair Williams

Hearing no objection, declares the motion CARRIED.

072

Chair Williams

States that he has a problem with the criminal penalty of the bill. Believes that needs to be taken out.

091

Rep. Merkley

Explains the criminal penalty.

121

Chair Williams

Says that he still does not like the criminal penalty in the bill.

158

Rep. Krummel

Says that he has a concern with the $50,000 floor and that it does not protect the consumer adequately.

173

Rep. Merkley

Explains that this language covers all new homes or residences where there has been substantial renovation.

212

Barry

States that we should move forward with the bill.

222

Rep. Prozanski

MOTION:  Moves HB 3539 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

235

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

244

Chair Williams

MOTION:  Moves to SUSPEND the rules for the purpose of allowing Rep. Anderson, Krummel and Shetterly to vote on HB 2646. All vote AYE.

256

Chair Williams

Closes the work session on HB 3539 and opens a work session on HB 2094.

HB 2094 WORK SESSION

264

Pete Shepherd

Deputy Attorney General. Submits testimony and discusses HB 2094 which requires tobacco product manufacturers to report certain information to Attorney General. Discusses the -4 amendments and the matrix (EXHIBITS I & J).

322

Chair Williams

Gives explanation of matrix (Exhibit J).

350

Rep. Prozanski

MOTION:  Moves to ADOPT HB  2094-4 amendments dated 04/18/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Shetterly

353

Chair Williams

Hearing no objection, declares the motion CARRIED.

358

Rep. Prozanski

MOTION:  Moves HB 2094 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Shetterly

367

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ACKERMAN will lead discussion on the floor.

374

Chair Williams

Closes the work session on HB 2094 and opens a work session on HB 3250.

HB 3250 WORK SESSION

375

Bill Taylor

Committee Counsel. Introduces HB 3250 which permits court to require security, bond or other guarantee from person who will travel with minor child in another country if parent, grandparent or guardian request court order and court finds existence of certain circumstances. Discusses -3 amendments (EXHIBIT K).

425

Chair Williams

Talks about bill and its problems.

TAPE 149, B

023

Nancy Miller

State Court Administrator’s Office. Testifies on HB 3250.

056

Sybil Hebb

Oregon Law Center. Testifies on HB 3250.

065

Rep. Prozanski

Comments on case in Costa Rica.

075

Rep. Macpherson

Discusses his concerns with the bill.

128

Hebb

Follows-up with work group consensus.

149

Rep. Jenson

Comments on bill and cultural problems.

205

Chair Williams

Discusses how the bond will help to recover the costs for recovering your children.

242

Rep. Krummel

Asks how this policy is in the best interest of the child.

246

Chair Williams

Says that it is never in the best interest of the child to ignore the legal process.

285

Rep. Shetterly

Says that this bill is predicated on a custody order having been entered.

294

Vice Chair Ackerman

Comments on the -3 amendments (Exhibit K).

322

Rep. Jenson

Says he has some concerns about the bill and that a sense of false hope might be created.

330

Chair Williams

Closes the work session on HB 3250. Adjourns the meeting at 2:53 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2646, -2 amendments, submitted by staff, dated 4/18/03, 17 pgs.

B – HB 2646, written testimony, submitted by Randall Jordan, 3 pgs.

C – HB 2696, -1 amendments, submitted by staff, dated 4/17/03, 2 pgs.

D – HB 2706, -3 amendments, submitted by Stephen Kafoury, dated 4/18/03, 2 pgs.

E – HB 2706, -2 amendments, submitted by Stephen Kafoury, dated 4/18/03, 1 pg.

F – HB 2706, -1 amendments, submitted by staff, dated 4/9/03, 1 pg.

G – HB 3539, -1 amendments, submitted by Rep. Merkley, dated 4/17/03, 5 pgs.

H – HB 3539, Newspaper articles and information, submitted by Rep. Merkley, dated 4/18/03, 21 pgs.

I – HB 2094, -4 amendments, submitted by staff, dated 4/18/03, 32 pgs.

J – HB 2094, matrix, submitted by Pete Shepherd, 1 pg.

K – HB 3250, -3 amendments, submitted by staff, dated 4/18/03, 3 pgs.