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 8th 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.