HOUSE COMMITTEE ON JUDICIARY

 

 

April 21, 2003 Hearing Room 357

1:00 p.m. Tapes 150 -152

 

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 Taylor, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2782 Public Hearing

                                                HB 2048 Work Session

                                                HB 3015 Work Session

HB 3330 Work Session

                                                HB 3385 Public Hearing

                                                HB 3346 Public Hearing and Work Session

                                                HB 3362 Public Hearing and 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 150, A

004

Chair Williams

Calls the meeting to order at 1:40 p.m. Opens a public hearing on HB 2782.

HB 2782 PUBLIC HEARING

018

Randy Tucker

1,000 Friends of Oregon. Testifies in support of HB 2782 which requires local government to refund or reimburse appeal fee and transcript costs incurred by person who successfully appeals local land use decision. Submits testimony, the -2 amendments to SB 378, which is an identical bill to HB 2782 (EXHIBIT A).

092

Jim Just

Friends of Linn County. Submits testimony and testifies in support of HB 2782 (EXHIBIT B).

167

Merilyn Reeves

Friends of Yamhill County. Submits testimony and testifies in support of HB 2782 (EXHIBIT C).

245

Tucker

Comments on possible amendments.

271

Art Schlack

Association of Oregon Counties. Testifies in opposition to HB 2782.

344

Linda Ludwig

League of Oregon Cities. Testifies in opposition to HB 2782.

TAPE 151, A

010

Bob Clay

Chief Planner, City of Portland. Submits testimony and testifies in opposition to HB 2782 (EXHIBIT D).

086

Chair Williams

Closes the public hearing on HB 2782 and opens a work session on HB 2048.

HB 2048 WORK SESSION

092

Rep. Gordon Anderson

House District 3. Testifies in support of HB 2048 which allows court to set aside conviction or record of arrest for traffic offense under certain circumstances.

108

Robert King

Private Citizen, Josephine County. Testifies in support of HB 2048.

128

Rep. Prozanski

Asks Mr. King why he wants his record expunged.

132

King

Answers that he wants his record expunged so that he can get his Masters Degree. Says that in order to be a therapist he cannot have a felony on his record.

138

Rep. Anderson

Says that Mr. King has talked to the Governor’s Office and they offered him papers on clemency.

140

Rep. Prozanski

Explains that are some individual that want their records expunged so that they can get firearms.

158

Rep. Barker

Asks if this bill would apply to someone convicted of negligent homicide.

162

King

Answers that he believes that someone convicted of negligent homicide should not get a relief from a felony. Says that he is referring to people with felonies that did not commit a crime against people or property.

171

Rep. Barker

Asks if he is talking about drunk driving convictions.

175

King

Answers, no.

179

Rep. Shetterly

Discusses felony driving while suspended and the problems with amending the statute.

198

King

Says that before you have any expungement there has to be a period of time when no offenses are committed.

207

Chair Williams

Comments on the DUII issue.

218

Rep. Prozanski

Explains DUII statute.

215

Rep. Anderson

Suggests that because of the limitations of time that a work group or the Oregon Law Commission could study these issues during the interim.

236

Rep. Shetterly

Adds that amending the expungement statute is very difficult.

245

Rep. Prozanski

Agrees with Rep. Shetterly and believes that it would be good to clean the statute up.

257

Chair Williams

Closes the work session on HB 2048 and opens a work session on HB 3015.

HB 3015 WORK SESSION

259

Bill Joseph

Committee Counsel. Introduces HB 3015 which requires presiding judge of each judicial district to establish procedures to protect confidentiality of Social Security numbers required in certain domestic relations proceedings. Discusses the  -2 amendments (EXHIBIT E).

295

Bradd Swank

State Court Administrator’s Office. Testifies on HB 3015 and supports the -2 amendments.

339

Charles Stern

Yamhill County Clerk. Testifies on HB 3015.

394

Rep. Betsy Johnson

House District 31. Testifies in support of HB 3015.

429

Rep. Prozanski

Discusses bill and the -2 amendments.

451

Chair Williams

Asks Rep. Johnson how much time she needs to fix the -2 amendments.

452

Rep. Johnson

Answers that a couple of days would be enough.

478

Chair Williams

Closes the work session on HB 3015 and opens a work session on HB 3330.

HB 3330 WORK SESSION

Tape 150, B –Not used.

TAPE 152, A

022

Bill Joseph

Committee Counsel. Introduces 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. Discusses the -1 amendments (EXHIBIT F).

032

Pete Shepherd

Deputy Attorney General. Testifies in support of HB 3330 and talks about the -1 amendments.

051

Rep. Shetterly

Says that they could make conceptual amendments.

058

Chair Williams

Discusses a possible conceptual amendment.

063

Rep. Shetterly

Makes suggestions for a conceptual amendment.

112

Shepherd

Says the Department of Justice would not oppose the conceptual amendment.

130

Rep. Shetterly

MOTION:  Moves to SUSPEND the rules for the purpose of  ADOPTING CONCEPTUAL AMENDMENTS to HB 3330.

 

 

VOTE:  9-0

134

Chair Williams

Hearing no objection, declares the motion CARRIED.

135

Rep. Shetterly

MOTION:  Moves to CONCEPTUALLY AMEND HB 3330 by inserting “a natural disaster or” after the word “that” on line 4, page 1.

 

 

VOTE:  9-0

142

Chair Williams

Hearing no objection, declares the motion CARRIED.

 

Rep. Shetterly

MOTION:  Moves to CONCEPTUALLY AMEND HB 3330-1 amendments dated 04/21/03 on page 1, line 8, by inserting a period after the word "estate" and deleting the remainder of line 8, deleting lines 9 and 10.

 

 

VOTE:  9-0

159

Chair Williams

Hearing no objection, declares the motion CARRIED.

161

Rep. Shetterly

MOTION:  Moves to ADOPT HB 3330-1 amendments AS CONCEPTUALLY AMENDED.

 

 

VOTE:  9-0

167

Chair Williams

Hearing no objection, declares the motion CARRIED.

174

Rep. Shetterly

MOTION:  Moves HB 3330 to the floor with a DO PASS AS AMENDED recommendation.

176

Vice Chair Ackerman

Asks on line 5, page 1 of the bill, why they use the phrase “unknown person.”

182

Shepherd

Explains that this phrase is used in the New Jersey legislation that this bill was modeled after.

207

 

VOTE:  9-0

212

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. SHETTERLY will lead discussion on the floor.

216

Chair Williams

Closes the work session on HB 3330 and opens a public hearing on HB 3385.

HB 3385 PUBLIC HEARING

218

Chair Williams

Closes the public hearing on HB 3385 which modifies provisions regulating planned unit developments and opens a public hearing on HB 3346.

HB 3346 PUBLIC HEARING

225

Doug Riggs

Portland Metro. Testifies in support of HB 3346 which authorizes Metro to record final order assessing civil penalty with county clerk.

237

Paul Garahan

Assistant Attorney, Portland Metro. Testifies in support of HB 3346.

277

Chair Williams

Closes the public hearing on HB 3346 and opens a work session.

HB 3346 WORK SESSION

281

Rep. Prozanski

MOTION:  Moves HB 3346 to the floor with a DO PASS recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

290

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. MACPHERSON will lead discussion on the floor.

295

Chair Williams

Closes the work session on HB 3346 and opens a public hearing on HB 3362.

HB 3362 PUBLIC HEARING

299

David Madigan

Attorney, Oregon Medical Association. Submits testimony and testifies in support of HB 3362 which provides that if insurance coverage is not sufficient to satisfy all medical services liens, insurer must prorate amounts available under limits of insurance and pay hospitals or physicians in proportion to amount due each for services rendered (EXHIBIT G).

374

Vice Chair Anderson

Asks if there is a time period he suggests.

375

Madigan

Answers, yes. Says that the hospital and physicians have 30 days once a patient is discharged.

395

Rep. Prozanski

Asks if this is standard procedure after 30 days.

400

Madigan

Explains that it is for Personal Injury Protection Funds (PIP). Explains.

427

Rep. Krummel

Inquires about what the liens are against.

428

Madigan

Answers that it is against insurance funds like no-fault insurance and PIP carriers.

436

Rep. Krummel

Asks what happens if there is a balance remaining.

449

Madigan

Answers that when the limits are reached, but not all the limits satisfied, then the insurance company’s obligations are discharged at that time.

TAPE 151, B

026

Rep. Jenson

Asks if it is the doctors that are filing their liens late in comparison with the hospitals.

031

Madigan

Says that the hospitals have the records and produce the discharge of the patient so it takes several days for the doctors to file the lien.

038

Rep. Jenson

Adds that he thought it was the doctors that filed the discharge.

042

Madigan

Explains that the hospitals have the paperwork already prepared for discharge and have the administrative process to file their lien.

052

Rep. Jenson

Wonders if there is anyone representing the hospitals.

056

Chair Williams

Answers no, there is not, but he has had conversations with them.

057

Vice Chair Anderson

Asks if the wait period should be 30 days.

060

Madigan

Says that it is already 30 days, but this bill amends ORS 87.555, which is the procedure for perfecting and filing a lien.

073

Vice Chair Anderson

Asks if this is the normal procedure for PIP claims or for all claims.

074

Madigan

Answers for PIP and no-fault claims.

079

Rep. Jenson

Asks if there is any principal involved about “first-in-time”.

081

Bill Joseph

Committee Counsel. Says that this bill does not change the policy from first-in-time to a pro-rata.

100

Rep. Shetterly

Comments on bill.

109

Chair Williams

Closes the public hearing on HB 3362 and opens a work session.

HB 3362 WORK SESSION

111

Rep. Prozanski

MOTION:  Moves HB 3362 to the floor with a DO PASS recommendation.

 

 

VOTE:  9-0

125

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ANDERSON will lead discussion on the floor.

134

Chair Williams

Closes the work session on HB 3362 and adjourns the meeting at 3:10 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 378, -2 amendments, submitted by Randy Tucker, dated 3/5/03

B – HB 2782, written testimony submitted by Jim Just, 8 pgs.

C – HB 2782, written testimony submitted by Merilyn Reeves, 4 pgs.

D – HB 2782, Oregon Administrative Rules, Chapter 33.750, submitted by Bob Clay, 3 pgs.

E – HB 3015, -2 amendments, submitted by staff, dated 4/21/03, 20 pgs.

F – HB 3330, -1 amendments, submitted by staff, dated 4/21/03, 2 pgs.

G – HB 3362, written testimony submitted by David Madigan, 1 pg.