HOUSE COMMITTEE ON JUDICIARY

April 23, 2003 Hearing Room 357

1:00 PM Tapes 155 - 158

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

Patsy Wood, Office Coordinator

Ann Martin, Committee Assistant

MEASURE/ISSUES HEARD: HB 3356 Work Session

HB 3338 Public Hearing

HB 2590 Work Session

HB 3344 Work Session

HB 3362 Work Session

HB 2381 Work Session

HB 3296 Work Session

HB 3349 Work Session

HB 3015 Work Session

HB 3520 Work Session

HB 2342 Work Session

HB 2592 Work Session

HB 3385 Public Hearing

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 155, A
004	Chair Williams	Calls the meeting to order at 1:37 p.m. Announces that the committee will meet until approximately 3:30 p.m. when they are due back for floor session, and then reconvene the committee at 6:00 p.m. this evening. Opens a work session on HB 3356 which includes in intimidation laws crime against gender identity.
HB 3356 WORK SESSION
038	Roey Thorpe	Executive Director, Basic Rights Oregon. Submits testimony and testifies in support of HB 3356 saying this legislation would make Oregon the 8^th state to enforce this type of intimidation legislation (EXHIBIT A). Discusses the brutal murder of Loni Kai Okaruru in Hillsboro nearly two years ago.
083	Det. Brian Grose	Detective, Portland Police Bureau. Submits testimony and testifies in support of HB 3356. Discusses police cases he has investigated dealing with trans gender identity (EXHIBIT B).
128	Dennis Mulvihill	Washington County Government Affairs. Submits and reads testimony of Washington County District Attorney, Bob Hermann, in support of HB 3356 (EXHIBIT C).
165	Amalia Alarcón Gaddie	Manager, Metropolitan Human Rights Center. Submits testimony and testifies in support of HB 3356 (EXHIBIT D).
210	Rev. David C. Dornack	Rose City Park Presbyterian Church. Submits testimony and testifies in support of HB 3356 (EXHIBIT E).
250	Damon Woodcock	Retired Portland Police Officer. Submits testimony and testifies in support of HB 3356 (EXHIBIT F).
290	Lori Buckwalter	Executive Director, It’s Time, Oregon! Submits testimony and testifies in support of HB 3356 (EXHIBIT G). Describes incidents that have happened to her based on her trans gender identity.
369	Andrea Meyer	American Civil Liberties Union of Oregon (ACLU). Testifies in support of HB 3356. Gives a brief history of the ACLU’s experience with this type of law.
TAPE 156, A
015	Chair Williams	Closes the work session on HB 3356 and opens a public hearing on HB 3338.
The following prepared testimony is submitted for the record without public testimony for HB 3356:
	A. Kaelin Bowers	Submits written testimony (EXHIBIT EE).
	Joan Rapkin	Submits written testimony (EXHIBIT FF).
	Dominick Vetri	Submits written testimony (EXHIBIT GG).
	Kimber Nelson	Submits written testimony (EXHIBIT HH).
	Janice Schaefer	Submits written testimony (EXHIBIT II).
	Dr. Randy Blazak	Submits written testimony (EXHIBIT JJ).
	Jennifer Clark	Submits written testimony (EXHIBIT KK).
HB 3338 PUBLIC HEARING
026	Rep. Jerry Krummel	House District 26. Introduces HB 3338 which modifies provisions relating to desertion by parent in adoption proceedings. Explains the -1 amendments (EXHIBIT H).
052	Michelle Lester	Private citizen. Testifies in support of HB 3338 and explains how she has become a victim in need of this type of legislation.
110	Robin Pope	Attorney at Law. Submits testimony and testifies in opposition to HB 3338 (EXHIBIT I). Speaks to Section 2, page 1, of the -1 amendments. Advises there should not be a fiscal impact.
154	Kathy Ledesma	Adoptions Manager, Department of Human Services. Submits testimony and testifies in opposition to HB 3338 in its original form (EXHIBIT J). Says she supports the amendments lines 1-15 (portions regarding minors), but does not feel qualified to speak to the rest of the bill.
181	Chair Williams	Asks for clarification on her opposition to the bill with regards to the amendments.
185	Ledesma	Explains she is not in opposition to the amendments dealing with minors.
197	Jason Penney	Washington County parent. Submits testimony and testifies in opposition to HB 3338, but says he does support the -1 amendments (EXHIBIT K).
212	Scott Adams	Attorney, Banks, Oregon. Submits testimony and testifies in opposition to HB 3338, but does support the -1 amendments (EXHIBIT L).
243	Chair Williams	Explains a note from the court needing extra time to determine if there is a fiscal impact on this bill. Says the bill will be set for another work session early next week.
260	Pope	Expresses support even with a large fiscal.
274	Chair Williams	Closes the public hearing on HB 3338. Opens a work session on HB 2590.
HB 2590 WORK SESSION
280	Bill Joseph	Committee Counsel. Introduces HB 2590 which allows principal real estate broker to claim lien upon commercial real estate that is subject of sale, lease or other conveyance. Introduces the -1 amendments (EXHIBIT M), -2 amendments (EXHIBIT N), and -3 amendments (EXHIBITS O).
301	Vice Chair Ackerman	Offers an explanation of each amendment.
315	Jana Jarvis	Oregon Association of Realtors. Submits “Respective Durations of Commercial Liens in States Where They Exist” and testifies in support of HB 2590 (EXHIBIT P).
335	Chair Williams	Points out moving the requirement from 90 to 45 days would be shorter than most states and execution time would also be shortened.
345	Vice Chair Ackerman	Discusses his motive for shortening the time periods.
355	Chair Williams	Comments on the timeframes in Connecticut.
360	Jarvis	Further comments on the state timeframes in her testimony.
375	Gene Bentley	Commercial Broker, Portland, Oregon. Testifies regarding HB 2590.
400	Rep. Prozanski	Expresses his concerns about having a balanced playing field with respect to these liens.
TAPE 155, B
020	Bentley	Responds to Rep. Prozanski’s expressed concerns.
039	Rep. Prozanski	Asks about the ability to have mandatory arbitration.
041	Bentley	Expresses his experience with arbitration.
054	Rep. Prozanski	Speaks to arbitration versus mediation being two different worlds.
056	Bentley	Points out the similarities.
062	Rep. Barker	Discusses disputes held by people in opposition to HB 2590.
070	Bentley	Addresses leases in particular.
088	Rep. Barker	Asks about multiple leaser agents.
090	Bentley	Explains listing agreements in the lease world.
102	Jarvis	Says there is a program to handle these types of resolution.
105	Vice Chair Ackerman	Explains that the -1 and -2 amendments try to shorten time periods.
115	Vice Chair Anderson	MOTION: Moves to ADOPT HB 2590-1 amendments dated 04/21/03.
120	Rep. Krummel	Asks for clarification on shortening the time periods on the liens.
125	Vice Chair Ackerman	Explains why the times have been shortened.
134	Rep. Shetterly	Feels the shortened time would be a motivator in this case.
141	Rep. Macpherson	Explains his view of seeing this as a counterpart to construction liens and feels the shortening of time periods puts us in line with liens in a construction context.
154	Vice Chair Ackerman	Explains his reasoning for proposing the amendments.
160	Rep. Macpherson	Agrees with the reasoning for the amendments.
175		VOTE: 6-3 AYE: 6 - Ackerman, Barker, Krummel, Macpherson, Shetterly, Williams NAY: 3 - Anderson, Jenson, Prozanski
180	Chair Williams	The motion CARRIES.
185	Vice Chair Ackerman	MOTION: Moves to ADOPT HB 2590-2 amendments dated 04/21/03.
190	Rep. Krummel	Further clarifies the reason for the decrease in the timeframe.
195	Vice Chair Ackerman	Responds affirmatively.
200	Rep. Prozanski	Questions whether the decrease in timeframe would actually speed up the process.
205	Vice Chair Ackerman	Further comments on the effects of the -2 amendments.
207		VOTE: 9-0 AYE: In a roll call vote, all members present vote Aye.
210	Chair Williams	The motion CARRIES.
212	Vice Chair Ackerman	MOTION: Moves to ADOPT HB 2590-3 amendments dated 04/21/03.
215	Rep. Krummel	Asks if the -1 or -2 amendments are included in the -3 amendments.
225	Rep. Shetterly	Explains page 2, line 14 says something different than on page 4, line 15.
230	Rep. Krummel	Asks for further clarification of the -3 amendments.
235	Vice Chair Ackerman	Explains why he has submitted separate sets of amendments.
245	Chair Williams	Clarifies the purpose of the -3 amendments.
250	Vice Chair Ackerman	Further offers his interpretation of the issue.
260	Bill Joseph	Committee Counsel. Outlines the committee’s options in adopting the various amendments.
265	Vice Chair Ackerman	Questions whether the -3 amendments need to conform with -1 and -2 amendments previously adopted. Amends previous motion to include the conceptual amendments which conform the -3 amendments to the -1 and -2 amendments.
270	Chair Williams	Clarifies the conceptual amendments for the record.
280	Rep. Macpherson	Offers his interpretation of, and support for, the -3 amendments.
285		VOTE: 8-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Shetterly
290	Chair Williams	The motion CARRIES.
300	Vice Chair Ackerman	MOTION: Moves HB 2590 to the floor with a DO PASS AS AMENDED recommendation.
305	Rep. Prozanski	Indicates his support for the bill, but interest in further talking with the proponents and opponents of the bill.
310	Rep. Barker	Indicates his support, but expresses his continued concerns regarding the issue.
312		VOTE: 8-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Shetterly
315	Chair Williams	The motion CARRIES. REP. ACKERMAN will lead discussion on the floor.
320	Chair Williams	Closes the work session on HB 2590 and opens a work session on HB 3344.
The following prepared testimony is submitted for the record without public testimony for HB 2590:
	Kingsley Click	Trail Court Administrator, Judicial Department. Submits written testimony (EXHIBIT LL).
HB 3344 WORK SESSION
330	Rep. Macpherson	House District 38. Introduces HB 3344 which changes number of years that intangible personal property must be held in fiduciary capacity before being presumed abandoned from five to two.
355	Jack Munro	Oregon Land Title Association. Testifies in support of HB 3344.
375	Craig Chisholm	Oregon Land Title Association. Discusses funds in escrow accounts that would benefit the state.
380	Munro	Explains the -1 amendments to HB 3344 (EXHIBIT Q).
396	Chisholm	Says this would speed up the turnover of the money.
400	Rep. Shetterly	Asks about the letter from Legislative Counsel (EXHIBIT R).
	Chisholm	Does not feel there is a constitutional issue here.
437	Jeanette Holman	Division of State Lands. Testifies in support of HB 3344 and the -1 amendments. Indicates she does not believe there is a constitutional issue.
TAPE 156, B
038	Rep. Shetterly	Asks if this relates to bank accounts.
040	Holman	Explains the banking institutions have their own statutes.
042	Bill Joseph	Committee Counsel. Points out that he could not identify any constitutional concerns with the bill.
049	Rep. Shetterly	Comments on the contract liability issue.
056	Joseph	Explains the property goes to the Common School Fund even if someone is waiting for the property.
061	Rep. Macpherson	Explains how a change beautifies the statute.
075	Rep. Macpherson	MOTION: Moves to ADOPT HB 3344-1 amendments dated 04/23/03.
077		VOTE: 9-0
	Chair Williams	Hearing no objection, declares the motion CARRIED.
080	Rep. Macpherson	MOTION: Moves HB 3344 to the floor with a DO PASS AS AMENDED recommendation.
085	Rep. Krummel	Explains a previous disapproval to the amendments.
090	Chair Williams	Clarifies that there should not be problems with the bill.
106	Rep. Jenson	Expresses his opinion with professional people and their opinions.
118	Chair Williams	Says the letter from LC is just a “heads up” for the committee.
130		VOTE: 8-1 AYE: 8 - Ackerman, Anderson, Barker, Krummel, Macpherson, Prozanski, Shetterly, Williams NAY: 1 - Jenson
135	Chair Williams	The motion CARRIES. REP. MACPHERSON will lead discussion on the floor.
140	Chair Williams	Closes the work session on HB 3344 and opens a work session on 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 hospital or physicians in proportion to amount due each for services rendered.
HB 3362 WORK SESSION
145	Chair Williams	MOTION: Moves to RECONSIDER the vote by which HB 3362 was passed to the floor.
150	Chair Williams	Explains the purpose for the reconsideration.
		VOTE: 9-0
155	Chair Williams	Hearing no objection, declares the motion CARRIED.
165	David Madigan	General Counsel, Oregon Medical Association. Introduces panel to tell experience with physician lien law.
165	Shirley Hagg	Oregon Health Sciences University (OHSU) Medical Group. Submits testimony and testifies in support of HB 3362 (EXHIBIT S).
230	Tammy Lusaro	Representing Physician Groups. Testifies in support of HB 3362.
365	John Powell	State Farm Insurance Company. Testifies in opposition of HB 3362.
305	Rep. Shetterly	Clarifies Mr. Powell’s testimony.
315	Powell	Responds, discusses the problem with the system. Does not believe that this legislation is the answer. Recommends allowing parties who have filed legitimate claims to work out a pro rata sharing of the value after the payments have been made.
355	Steve Morrow	State Farm Insurance. Concurs with Mr. Powell’s understanding of the bill.
375	Rep. Krummel	Asks for clarification on the issues of health providers if the health insurance kicks in when the PIP is exhausted.
385	Powell	Explains when the health insurance would kick in.
365	Rep. Krummel	Clarifies that hospitals and providers want to get paid for services.
370	Powell	Acknowledges.
375	Rep. Krummel	Clarifies that hospitals would request payment.
400	Powell	Acknowledges that they would request that letter.
405	Rep. Krummel	If the PIP benefit is exhausted, why does it make a difference.
410	Powell	Explains that it matters to which providers get which part of the PIP benefit.
425	Rep. Krummel	Clarifies how the providers are paid.
330	Powell	Comments on the PIP pay rate.
435	Rep. Shetterly	Asks if the statute is currently being ignored.
440	Powell	Discusses Subsection 3, page 1, of the bill.
TAPE 157, A
040	Rep. Prozanski	Seems this is a fairness doctrine when liens should be paid out.
045	Madigan	Says that this is what the OMA wants – all liens collected and distributed fairly after 30 days.
055	Bruce Bishop	Association of Hospitals and Health Systems. Says current law allows a fair share of the pie. Has no objection to current statutory scheme or proposed amendments that have not surfaced yet.
075	Chair Williams	Closes the work session on HB 3362. Recesses the committee at 3:30 p.m.
RECESS
090	Chair Williams	Reconvenes the meeting at 6:11 p.m. and opens the work session on HB 2381.
HB 2381 WORK SESSION
095	Bill Taylor	Committee Counsel. Introduces HB 2381 which allows immediate transfer of person sentenced to confinement in Department of Corrections institution unless court orders retention at place of original custody to prepare appeal. Explains -1 amendments (EXHIBIT T).
110	John Powell	Oregon State Sheriffs Association. Submits Notice of Waiver and testifies in support of HB 2381 and the -1 amendments (EXHIBIT U)
140	Scott Taylor	Department of Correction, (DOC). Submits testimony and testifies in support of HB 2381 and the -1 amendments (EXHIBIT V).
155	Rep. Shetterly	MOTION: Moves to ADOPT HB 2381-1 amendments dated 03/24/03.
		VOTE: 8-0-1 EXCUSED: 1 - Krummel
157	Chair Williams	Hearing no objection, declares the motion CARRIED.
160	Rep. Shetterly	MOTION: Moves HB 2381 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 8-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Krummel
165	Chair Williams	The motion CARRIES. REP. ANDERSON will lead discussion on the floor.
170	Chair Williams	Closes work session on HB 2381 and opens a work session on HB 3296.
HB 3296 WORK SESSION
175	Bill Taylor	Committee Counsel. Introduces HB 3296 which creates crime of unlawful possession of personal identification device.
180	Tim Martinez	Oregon Bankers Association. Testifies in support of HB 3296.
195	Chair Williams	Speaks to the lack of fiscal impact. Clarifies that the bill would keep Oregon in line with Washington State.
200	Martinez	Acknowledges.
205	Rep. Shetterly	Questions line 15 on page one concerning “fictitious” persons.
210	Taylor	Says it may have been copied from Washington State.
220	Rep. Prozanski	MOTION: Moves HB 3296 to the floor with a DO PASS recommendation.
		VOTE: 8-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Krummel
225	Chair Williams	The motion CARRIES. REP. BARKER will lead discussion on the floor.
230	Chair Williams	Closes the work session on HB 3296 and opens a work session on HB 3349.
HB 3349 WORK SESSION
240	Bill Joseph	Committee Counsel. Introduces HB 3349 which allows required inspections of local correctional facilities, lockups, temporary holds and juvenile facilities to be done by entities other than Department of Corrections pursuant to agreements with department.
255	John Powell	Oregon State Sheriffs Association. Testifies in support of HB 3349. Explains why there are no amendments to the bill.
275	Scott Taylor	Department of Corrections. Submits testimony and testifies in support of HB 3349 (EXHIBIT W).
285	Rep. Prozanski	Clarifies the correction facilities which are affected by the bill.
290	Taylor	Comments on those corrections facilities which would be affected.
295	Rep. Prozanski	Asks whether there is an accreditation process for the individuals which would be contracted.
300	Taylor	Explains what standards they are held to.
305	Rep. Prozanski	Asks if certified state officers within the state of Oregon would have preference.
310	Taylor	Acknowledges.
315	Rep. Barker	Comments on discussions in the PERS committee which may affect the ability to hire retirees.
320	Rep. Jenson	MOTION: Moves HB 3349 to the floor with a DO PASS recommendation.
		VOTE: 8-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Krummel
325	Chair Williams	The motion CARRIES. REP. JENSON will lead discussion on the floor.
330	Chair Williams	Closes the work session on HB 3349 and opens a work session on HB 3015.
HB 3015 WORK SESSION
335	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, and the -3 amendments (EXHIBIT X).
350	Bradd Swank	Oregon Judicial Department. Offers testimony in support of HB 3015 and the -3 amendments.
370	Rep. Shetterly	Clarifies that specific language in the amendment may conflict with another bill.
375	Swank	Comments on the possibility of a conflict, and points out the possible need for conflict amendments.
380	Chair Williams	Concurs that there will probably have to be conflict amendments.
385	Vice Chair Anderson	Clarifies language in the bill.
360	Swank	Outlines who the bill applies to.
374	Vice Chair Anderson	Further clarifies who this bill is trying to protect.
420	Swank	Explains this bill is intended to protect everyone in the dissolution proceeding.
422	Rep. Barker	MOTION: Moves to ADOPT HB 3015-3 amendments dated 04/23/03.
425		VOTE: 8-0-1 EXCUSED: 1 - Rep. Krummel
455	Chair Williams	Hearing no objection, declares the motion CARRIED.
460	Rep. Barker	MOTION: Moves HB 3015 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 8-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Krummel
465	Chair Williams	The motion CARRIES. REP. SHETTERLY will lead discussion on the floor.
480	Chair Williams	Closes the work session on HB 3015 and opens a work session on HB 3520.
TAPE 158, A
HB 3520 WORK SESSION
030	Vice Chair Anderson	House District 3. Introduces HB 3520 which requires court that offers traffic school and subsequent dismissal of citation to offer option to persons who plead not guilty and are convicted.
050	Carl Myers	Oregon Justice of the Peace Association. Indicates his concerns with the bill as originally written, but points out these concerns are addressed by the -1 amendments (EXHIBIT Y).
060	Bradd Swank	Oregon Judicial Department. Discusses where seat belt infractions fall as an infraction in the state. Discusses the possible loss of revenue with fewer citations being written.
094	Rep. Shetterly	Questions language in the bill stating “may” rather than “shall” in the bill.
105	Myers	Responds that the Justice of the Peace Association is ok with the language in question.
115	Swank	Says not every court has traffic school.
120	Rep. Shetterly	Worries about the discretion of the court to dismiss fees or not.
125	Myers	Explains why he wanted this legislation to be discretionary for the court.
137	Chair Williams	Offers his personal experience in dealing with traffic courts.
151	Myers	Discusses how judges are observed in court.
170	Rep. Anderson	MOTION: Moves to ADOPT HB 3520-1 amendments dated 04/23/03.
		VOTE: 8-0-1 EXCUSED: 1 - Krummel
172	Chair Williams	Hearing no objection, declares the motion CARRIED.
175	Rep. Anderson	MOTION: Moves HB 3520 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 8-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Krummel
180	Chair Williams	The motion CARRIES. REP. ANDERSON will lead discussion on the floor.
185	Chair Williams	Closes work session on HB 3520 and opens a work session on HB 2342.
HB 2342 WORK SESSION
190	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. Introduces -1 amendment (EXHIBIT Z) and -2 amendments (EXHIBIT AA).
205	Rick Mills	Department of Human Services. Explains the purpose and effect of the amendments.
225	Chair Williams	Says there was concern regarding Section 3 of the bill. Clarifies the amendments correct this concern.
230	Mills	Clarifies the committee’s concerns and says the Oregon State Bar has no objection to this bill.
255	Rep. Prozanski	Describes his conversation with Prof. Bernie Vail and the consensus they arrived at.
270	Chair Williams	Clarifies how the amendment will read into the bill.
275	Rep. Shetterly	Offers his interpretation of the changes created by the amendments.
285	Rep. Prozanski	Agrees with the interpretation, and further clarifies the effects on the bill.
295	Rep. Prozanski	MOTION: Moves to ADOPT HB 2342-1 amendments dated 03/19/03.
		VOTE: 8-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Krummel
297	Chair Williams	The motion CARRIES.
300	Rep. Prozanski	MOTION: Moves to ADOPT HB 2342-2 amendments dated 04/15/03.
		VOTE: 8-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Krummel
305	Chair Williams	The motion CARRIES.
307	Rep. Prozanski	MOTION: Moves HB 2342 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 8-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Krummel
312	Chair Williams	The motion CARRIES. REP. PROZANSKI will lead discussion on the floor.
315	Chair Williams	Closes the work session on HB 2342 and opens a work session on HB 2592.
HB 2592 WORK SESSION
325	Bill Joseph	Committee Counsel. Introduces HB 2592 which authorizes assignment of judgments from justice court to Department of Revenue for collection, and the -1 amendments (EXHIBIT BB).
335	Chair Williams	Reads letter from Judge Jad Lemhouse expressing his desire to pass the bill in its original form.
355	Carl Myers	Oregon Justice of the Peace Association. Testifies in support of HB 2592, but in opposition to the proposed -1 amendments.
350	Jim Markee	Oregon Collectors Association. Explains how the Department of Revenue collects “other debts owed” throughout the state. Feels this bill would put the Department of Revenue in competition with private collection agencies and therefore he is proposing the -1 amendments which would eliminate this competition.
435	Chair Williams	Shares his concerns with the impact of this bill on the Criminal Fines and Assessment Account (CFAA). Asks why the local government wouldn’t want to go with a private collection agency.
465	Myers	Responds that judges would simply like the option to use the Department of Revenue for collections.
TAPE 157, B
020	Chair Williams	Informs the committee that it is their option to decide the policy.
025	Rep. Macpherson	Remembers Judge Lemhouse indicating that by using the Department of Revenue local governments would net more money than by using private companies.
030	Myers	Acknowledges that there could be a net increase, and discusses the possibility of this increase.
040	Chair Williams	Clarifies how the private collection option would collect their fees.
045	Rep. Macpherson	Clarifies that there is no opportunity to put a fee on when the collection is done by Department of Revenue.
048	Markee	Remembers Judge Lemhouse saying “tools” were available to Revenue that are not available to private agencies, and agrees this is true in some cases.
060	Rep. Shetterly	Asks if the -1 amendments give the court a choice of which collection tool to use.
075	Markee	Responds that private collection agencies are doing many collections for state agencies as well as Revenue, and further discusses the collection assignment process.
080	Rep. Shetterly	Asks if this applies to traffic offense fines.
085	Markee	Thinks criminal action would include traffic offenses, except parking tickets.
095	Rep. Prozanski	Asks if local governments would have the option without passing the -1 amendments.
105	Markee	Says this bill only deals with justice courts and they could utilize the offset.
110	Rep. Jenson	MOTION: Moves to ADOPT HB 2592-1 amendments dated 04/23/03.
115	Rep. Prozanski	Indicates that he cannot support the -1 amendments.
120	Rep. Macpherson	Indicates his continued confusion regarding the -1 amendments.
125	Chair Williams	Comments on who can make these collections currently and under the -1 amendments.
130	Rep. Macpherson	Further clarifies the affects of the -1 amendments.
135	Chair Williams	Acknowledges the clarification.
145	Rep. Barker	Comments that Revenue might have been used originally because they charge less than a private collection agency.
155	Rep. Shetterly	Indicates his intent to vote No on the -1 amendments.
157		VOTE: 6-2-1 AYE: 6 - Ackerman, Anderson, Barker, Jenson, Macpherson, Williams NAY: 2 - Prozanski, Shetterly EXCUSED: 1 - Krummel
160	Chair Williams	The motion CARRIES.
165	Rep. Jenson	MOTION: Moves HB 2592 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 8-0-1 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Krummel
170	Chair Williams	The motion CARRIES. REP. JENSON will lead discussion on the floor.
175	Chair Williams	Closes the work session on HB 2592 and opens a public hearing on HB 3385.
HB 3385 PUBLIC HEARING
180	Rich Vial	Vial Fotheringham LLP. Introduces HB 3385 which modifies provisions regulating planned unit developments and the -2 amendments (EXHIBIT CC). References submitted articles and written testimony (EXHIBIT DD).
260	Rep. Prozanski	Refers to an example offered by Mr. Vial, asks if the new owners would have to reverse the architectural design back to the original code.
265	Vial	Responds affirmatively. Continues testimony in support of HB 3385.
285	Vial	Points out the -2 amendments were not delivered until today, so errors do remain in the amendments. Cites the problems with Section 17 on page 42, and Section 36 on page 88.
335	Vial	Proposes that on page 43 line 15 there should be a change from may to shall.
410	Vial	Discusses Section 15 page 40, indicating there could be a conflict with another bill.
460	Rep. Shetterly	Asks Mr. Vial to address language on page 88 and 91 in relation to land sales contracts.
TAPE 158, B
028	Vial	Responds to the issues and the inconsistencies in the bill’s language. Believes that home owners associations should be able to collect fees like a local municipality or county.
070	Rep. Shetterly	Indicates his interest to have everyone treated the same way, and clarifies that there is case law which addresses this issue.
075	Vial	Acknowledges that the courts have already addressed the issue.
080	Rep. Prozanski	Speaks to architectural violations and asks if handicapped individuals can be denied access.
085	Vial	Says the association would need to give reasonable accommodations to those handicapped individuals.
095	Vice Chair Ackerman	Speaks to the increase in the lien amount, and wonders if it has a cap.
100	Vial	Explains that there is no limitation, and comments on where the lien fees could come from.
105	Vice Chair Ackerman	Interpreted it to include legal fees which could exceed the amount of the unpaid assessment.
115	Vial	Says they are bound by the “reasonableness” in each case and gives an example of how the legal fees can exceed the assessment.
150	Jim Markee	Oregon Mortgage Lenders Association. Discusses attempts to amend these statutes each session and the problems created by this type of legislation. Does not feel the amendments correct his concerns.
185	Vial	Acknowledges that the proposed amendments offer a lot of information to digest on short notice. Says he will sit down with the opposition to sort out issues.
195	Chair Williams	Agrees it is a large amendment that needs further exploration. Asks for indication of where this issue is early next week.
205	Vice Chair Ackerman	Asks if there is a certain amount that meets foreclosure criteria.
210	Vial	Indicates that no one has indicated a minimum, but describes a case in Texas which dealt with this issue.
225	Vice Chair Ackerman	Further clarifies specific affects of the bill.
230	Vial	Comments on those specific affects of the bill.
235	Rep. Prozanski	Asks about foreclosure liens, and whether there is a limit on foreclosure of homesteads.
245	Markee	Comments on the homestead exemption.
250	Chair Williams	Closes the public hearing on HB 3385 and adjourns the meeting at 7:42 p.m.

EXHIBIT SUMMARY

A – HB 3356, written testimony, Roey Thorpe, 6 pp.

B – HB 3356, written testimony, Det. Brian Grose, 1 p.

C – HB 3356, written testimony of Bob Hermann, submitted by Dennis Mulvihill, 1 p.

D – HB 3356, written testimony, Amalia Alarcón Gaddie, 1 p.

E – HB 3356, written testimony, Rev. David C. Dornack, 1 p.

F – HB 3356, written testimony, Damon Woodcock, 1 p.

G – HB 3356, written testimony, Lori Buckwalter, 2 pp.

H – HB 3338, -1 amendments, Rep. Jerry Krummel, 4 pp.

I – HB 3338, written testimony, Robin Pope, 1 p.

J – HB 3338, written testimony, Kathy Ledesma, 2 pp.

K – HB 3338, written testimony, D. Jason Penney, 1 p.

L – HB 3338, written testimony, Scott Adams, 1 p.

M – HB 2590, -1 amendments, Rep. Ackerman, 1 p.

N – HB 2590, -2 amendments, Rep. Ackerman, 1 p.

O – HB 2590, -3 amendments, Rep. Ackerman, 8 pp.

P – HB 2590, Oregon Association of Realtors: Respective Durations of Commercial Liens in States Where They Exist, Jana Jarvis, 1 p.

Q – HB 3344, -1 amendments, staff, 1 p.

R – HB 3344, letter from Legislative Counsel, staff, 1 p.

S – HB 3362, written testimony, Shirley Hagg, 14 pp.

T – HB 2381, -1 amendments, staff, 1 p.

U – HB 2381, Notice of Waiver, John Powell, 1 p.

V – HB 2381, written testimony, Scott Taylor, 1 p.

W – HB 3349, written testimony, Scott Taylor, 1 p.

X – HB 3015, -3 amendments, staff, 20 pp.

Y – HB 3520, -1 amendments, Rep. Anderson, 2 p.

Z – HB 2342, -1 amendments, staff, 1 p.

AA – HB 2342, -2 amendments, staff, 1 p.

BB – HB 2592, -1 amendments, staff, 2 pp.

CC – HB 3385, -2 amendments, Rich Vial, 108 pp.

DD – HB 3385, written testimony, Rich Vial, 15 pp.

The following exhibits are listed out of order in the body of the tape log:

EE – HB 3356, written testimony, A. Kaelin Bowers, 2 pp.

FF – HB 3356, written testimony, Joan Rapkin, 1 p.

GG – HB 3356, written testimony, Dominic Vetri, 1 p.

HH – HB 3356, written testimony, Kimber Nelson, 1 p.

II – HB 3356, written testimony, Janice Schaefer, 2 pp.

JJ – HB 3356, written testimony, Dr. Randy Blazak, 1 p.

KK – HB 3356, written testimony, Jennifer Clark, 1 p.

LL – HB 2590, written testimony, Kingsley Click, 1 p.