HOUSE COMMITTEE ON JUDICIARY

 

 

April 29, 2003 Hearing Room 357

1:00 pm Tapes  165 - 166

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Gordon Anderson, 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

Nancy Massee, Committee Assistant

 

MEASURE/ISSUES HEARD:        

SB 32A Public Hearing and Work Session

SB 33A Public Hearing and Work Session

SB 35 Public Hearing

SB 37 Public Hearing

SB 118A Public Hearing and Work Session

SB 119A Public Hearing and Work Session

SB 245 Public Hearing and Work Session

HB 3428 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 165, A

005

Chair Williams

Opens meeting at 1:00 pm.  Opens public hearing on SB 32A.

SB 32A PUBLIC HEARING

010

Dady Blake

Oregon State Bar (OSB), Elder Law Section.  Testifies in support of SB 32A which modifies role and responsibilities of court visitors in protective proceedings, and submits testimony (EXHIBIT A).

048

Rep. Anderson

Asks if this is an adult counseling program.

052

Blake

Describes the job of the visitor.  Confirms that petition allegations are correct.

074

Chair Williams

Asks what parts of the pilot project the court opposed.

077

Blake

Answers there were two sections, 7 and 13, deleted.  


 

080

Chair Williams

Closes public hearing on SB 32A.  Opens work session on  SB 32A.

SB 32A WORK SESSION

082

Rep. Prozanski

MOTION:  Moves SB 32A to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Macpherson, Shetterly

083

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ANDERSON will lead discussion on the floor.

084

Chair Williams

Closes work session on SB 32A. Opens Public Hearing on SB 33A.

SB 33A PUBLIC HEARING

100

Brooks Cooper

Cartwright and Associates.  Testifies in support of SB 33A which creates rebuttable presumption that sums remaining on deposit in joint account at death of one party belong to surviving party or parties, and submits testimony (EXHIBIT B).

266

Rep. Krummel

Asks about definition of a “bank”  versus a credit union.  Asks if there are other potential financial institutions to apply standard to.

270

Cooper

Answers there are also savings and loans association.

292

Rep. Shetterly

Asks about evidence to rebut the presumption.

300

Cooper

Answers that most persuasive evidence would be a will and statements of a testator.

345

Rep. Shetterly

Explains how he counsels his clients in regards to accounts.

380

Rep. Macpherson

Comments that the bill is broad about evidence of content and would necessitate litigation.

392

Cooper

Refers to subsection a, section 1.

TAPE 166, A

022

Rep. Krummel

Asks if there is anything in current statute that would tell the bank to wait before distributing. 

044

Cooper

Explains the possibilities that could be affected by the bill.

093

Tim Martinez

Oregon Bankers Association. States this bill is a compromise that has been worked out. Supports SB 33A.

099

Chair Williams

Closes public hearing and opens work session on SB 33A.

SB 33A WORK SESSION

130

Rep. Ackerman

Says bill is too narrow.

135

Rep. Shetterly

Says it is ok to move.  The bill may be opening unintended results.

175

Rep. Barker

Comments on the numerous times when someone else signs checks for an elderly person.

188

Rep. Prozanski

MOTION:  Moves SB 33A to the floor with a DO PASS recommendation.

 

 

VOTE:  9-0-0

190

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. BARKER will lead discussion on the floor.

192

Chair Williams

Closes work session on SB 33A.  Opens public hearing on SB 35.


 

SB 35 PUBLIC HEARING

195

Dady Blake

Oregon State Bar, Elder Law Section. Supports SB 35 which requires prior court approval for payment of compensation to persons employed by fiduciary to provide direct services to protected person or services to fiduciary that directly affect protected person when fiduciary has pecuniary or financial interest in person employed, and submits testimony (EXHIBIT C).

207

Rep. Shetterly

Asks why additional disclosures are not added under subsection 1.

300

Blake

Explains disclosures.

360

Chair Williams

Refers to bill and offers assumption from language.

400

Blake

Discusses diminimus.   Refers to amendment coming.

420

Chair Williams

Closes public hearing on SB 35.  Opens public hearing on SB 37.

SB 37 PUBLIC HEARING

486

Claudia Burton

Oregon State Bar, Elder Law Section. Testifies in support of SB 37 which modifies Elderly and Disabled Person Abuse Prevention Act to allow guardian or guardian ad litem to file petition on behalf of elderly or disabled person. Describes abuser living in home of the abused, and submits testimony (EXHIBIT D).

TAPE 165, B

064

Burton

Continues explaining circumstances.

085

Chair Williams

Closes public hearing on SB 37.  Opens public hearing on SB 118A.

SB 118A PUBLIC HEARING

121

Cheryl Pellegrini

Department of Justice. Testifies in support of SB 118A which changes name of Elderly and Disabled Person Abuse Prevention Act to Elderly Persons and Persons With Disabilities Abuse Prevention Act, and submits testimony (EXHIBIT E).

181

Rep. Krummel

Asks the difference between a disabled person and a person with disabilities.

190

Pellegrini

Responds to conform to language now being used.

195

Chair Williams

Closes public hearing on SB 118A.  Opens work session on SB 118A.

SB 118A WORK SESSION

200

Rep. Prozanski

MOTION:  Moves SB 118A to the floor with a DO PASS recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Jenson

211

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

211

Chair Williams

Closes work session on SB 118A.  Opens public hearing on SB 119A.

SB 119A PUBLIC HEARING

215

Cheryl Pellegrini

Department of Justice. Explains SB 119A which creates procedures for use in civil actions to investigate physical or financial abuse of elderly or incapacitated person.  Testifies in support of SB 119A and submits testimony (EXHIBIT F).

326

Pellegrini

Continues presentation explaining why SB 119A is needed.  Explains the -1 amendment on the Senate side.

350

Rep. Prozanski

Asks about power of district attorney in this bill.  Comments whether power should be with local prosecutors or district attorney.

379

Pellegrini

Believes intent of power was with county district attorney.

380

Rep. Prozanski

Asks if an amendment is needed.

382

Vice Chair Ackerman

Asks if the investigative demand is a part of a claim filed under ORS 124.125 subsection 1, or is it a free-standing litigation.

392

Pellegrini

Answers it is a pre-complaint mechanism, or a civil equivalent to a grand jury subpoena.

414

Rep. Shetterly

Comments on line 5, the new amendment extends to that person the same powers as the Attorney General office. Asks if criminal charges can be tied in with the civil investigation of abuse.

424

Pellegrini

Answers, yes.

TAPE 166, B

035

Chair Williams

Comments on power of civil investigation and how it relates to criminal charges.

057

Phyllis Rand

Governor’s Commission on Senior Services. Testifies in support of SB 119A.

058

Chair Williams

Closes public hearing on SB 119A and opens a work session.

SB 119A WORK SESSION

060

Rep. Macpherson

MOTION:  Moves SB 119A to the floor with a DO PASS recommendation.

 

 

VOTE:  9-0

066

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. MACPHERSON will lead discussion on the floor.

067

Chair Williams

Closes work session on SB 119A.  Opens public hearing on SB 245.

SB 245 PUBLIC HEARING

068

Bill Joseph

Committee Counsel.  Explains SB 245 which breaks long statute dealing with suspension and revocation of driving privileges into several parts, and submits written testimony and submits SB 245-1 amendment (EXHIBIT G).

068

Kelly Taylor

Oregon Department of Transportation (ODOT).  Testifies in support of SB 245, and submits written testimony (EXHIBIT H).

070

Chair Williams

Closes public hearing on SB 245.  Opens work session on SB 245.

SB 245 WORK SESSION

075

Rep. Prozanski

MOTION:  Moves to ADOPT SB 245-1 amendments dated 4/29/03.

 

 

VOTE:  9-0

077

Chair Williams

Hearing no objection, declares the motion CARRIED.

078

Rep. Prozanski

MOTION:  Moves SB 245 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Macpherson

079

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. JENSON will lead discussion on the floor.

081

Chair Williams

Closes work session on SB 245. Opens work session on HB 3428.

HB 3428 WORK SESSION

102

John Fisher

Polk County DA.  Testifies in support of HB 3428 which authorizes district attorneys and deputy district attorneys to use employment address rather than residence address for records of Department of Transportation.

135

Rep. Prozanski

Asks if this should be extended to city prosecutors.

145

Rep. Shetterly

Adds Dallas and Monmouth.

150

Chair Williams

Refers to SB 213.  Asks Rep. Barker and Rep. Prozanski to add amendment including cities.

158

Chair Williams

Closes work session on HB 3428. Adjourns at 2:48 pm.

 

 

EXHIBIT SUMMARY

 

A – SB 32A, written testimony, Dady Blake, 2 pp

B – SB 33A, written testimony, Brooks Cooper, 2 pp

C – SB 35, written testimony, Dady Blake, 1 p

D – SB 37, written testimony, Claudia Burton, 2 pp

E – SB 118A, written testimony, Cheryl Pellegrini, 2 pp

F – SB 119A, written testimony, Cheryl Pellegrini, 1 p

G – SB 245-1 amendment, staff, 2 pp

H – SB 245, written testimony, Kelly Taylor, 2 pp