HOUSE COMMITTEE ON JUDICIARY

 

 

May 1, 2003 Hearing Room 357

1:00 pm Tapes  169 - 170

 

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:            HB 2080 Work Session

`                                               HB 2494 Work Session

                                                HB 2498 Work Session

                                                HB 2591 Work Session

                                                HB 3338 Work Session

                                                Introduction of LC 221

                                                SB 37  Work Session

                                                SB 35 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  169, A

005

Chair Williams

Opens meeting at 1:10 pm.  Opens work session on HB 2080.

HB 2080 WORK SESSION

009

Bill Joseph

Committee Counsel. Explains HB 2080 which provides that statute of limitations for product liability civil actions commences to run when plaintiff first discovered, or in exercise of reasonable care should have discovered, death, injury or damage complained of.

023

Chair Williams

Discusses language and policy choices that need to be resolved with the parties.

031

Richard Lane

Oregon Trial Lawyers Association. Testifies in support of HB 2080 and discusses three choices in the -3 and -4 amendments (EXHIBITS  A and B).

082

Lane

Continues explaining the -3 and -4 amendments.

100

Jim Gardner

Gardner and Gardner.  Explains agreement in principle with modification of the -4 amendments. Explains difference between the -3 and -4 amendments that is crucial. Wants more time to make the necessary compromises.

178

Chair Williams

Explains his understanding of the bill, and says he finds two different approaches.

190

Lane

Replies the problem is with the judicial adjudication on the Gladhart decision. Intent was to resurrect those impacted by the Gladhart decision but the actual adjudication language was too focused.

194

Chair Williams

Concern is that it is difficult to define. Supports the narrower version.

210

Chair Williams

Asks for more discussion.

241

Rep. Shetterly

Asks about the three considerations.

250

Lane

Responds by giving examples.

270

Chair Williams

Responds by suggesting more discovery language.

300

Rep. Shetterly

Discusses using standards for discovery.

330

Lane

Answers he is not aware of statutes defining discovery.

363

Gardner

Reads the operative language from HB 2080.  Suggests acceptable language on discovery.

390

Vice Chair Ackerman

Comments on the -4 amendments.

TAPE 170, A

006

Gardner

Responds the language in the -4  was the requestor’s language in the original version of the bill.

016

Lane

Discusses ORS 30.908 has a three-part test that the harmed individual needs to know in order to begin a cause of action.

018

Gardner

Wants to take this under evaluation.

022

Chair Williams

Says this bill will be back on the agenda for Monday, May 5.  Closes work session on HB 2080.  Opens work session on HB 2494.

HB 2494 WORK SESSION

030

Bill Joseph

Committee Counsel.  Explains HB 2494 which requires disclosure of expert witnesses in civil actions.  Explains the -1 amendments (EXHIBIT C)

093

Mike Crew

Cooney and Crew, Portland. Oregon Medical Association (OMA). Explains their concern with the -1 amendments, page 1, line 16 and other language. 

134

Chair Williams

Discusses adding an expert witness at the last minute.

170

Rich Lane

Oregon Trial Lawyers Association. Testifies in opposition to HB 2494.

192

Rep. Shetterly

Refers to the original bill and the same problem of supplemental disclosure. Says the -1 amendment tracks same as original bill.

200

Crew

Discusses how the amendment relates to the original bill.

216

Vice Chair Ackerman

Suggests an effective date is needed.

235

Chair Williams

Closes work session on HB 2494. Opens work session on HB 2498.

HB 2498 WORK SESSION

220

Bill Joseph

Committee Counsel.  Explains HB 2498 which sets rate of interest on judgments in civil actions relating to professional negligence of person licensed by Board of Medical Examiners or Oregon State Board of Nursing at lesser of five percent per annum or three percent in excess of discount rate.  Explains the -1 amendments (EXHIBIT D).

240

Mike Crew

States OMA supports the -1 amendments.

245

Jim Dorigan

States Pacific NW Physicians support the -1 amendments.

250

Lane

Supports the -1 amendments.

255

Rep. Shetterly

Asks about the small claims challenge.

306

Jim Markee

Oregon  Collectors Association. States he has not been involved in this negotiation. Wants to discuss HB 2498 with the courts.

325

Chair Williams

Discusses tying to a federal rate. 

360

Bradd Swank

Office of State Court Administrator. Testifies the court does not advise individuals on interest rates.

TAPE 169, B

003

Swank

Continues discussing that the court will not provide interest rates.

014

Rep. Shetterly

Discusses a fixed rate in small claims cases. Says the bill is in the right direction.

015

Chair Williams

Closes work session on HB 2498.  Opens work session on HB 2591.

HB 2591 WORK SESSION

025

Bill Joseph

Committee Counsel.  Explains HB 2591 which requires entry of judgment with installment payments in certain actions in which $100,000 or more is awarded for losses that will be incurred by plaintiff after entry of judgment. Submits -1 amendment (EXHIBIT E)

058

Mike Crew

Oregon Medical Association.  Explains objections to amendments.

070

Jim Dorigan

Pacific NW Physiciains. Explains the issues with HB 2591 and the -1 amendment.  Says this bill needs a lot of work before they could approve it.

041

Lane

Opposes the -1 amendments.  Discusses Section 1(c). 

144

Rep. Prozanski

Asks, how do defendants get to determine how to pay damages to the plaintiff.

150

Jim Dorigan

Replies the periodic payments are designed to mirror the ongoing needs of the injured party.

154

Rep. Prozanski

Asks if the plaintiff dies prior to full payment, are you limiting what type of payments are not recoverable.

155

Dorigan

Responds the California statute allows for continued payment of potential lost wages, but if there is an economic lost damage that deals with medical care, then that portion ends.

158

Rep. Prozanski

Reiterates that economic damages are determined by medical needs that would be paid if the person was alive.

165

Vice Chair Ackerman

Asks if the inquiry is limited to the person, or is it the vehicle to make payments such as a trust fund.

175

Dorigan

Answers generally an annuity is purchased and guaranteed by another insurance company.

182

Vice Chair Ackerman

Comments on installment payment plan is constitutionally challenged.

200

Stuart Brown

Oregon State Bar Procedures and Practices Committee. Agrees that reduction of present value and gross amount needs to be addressed.  Asks that subsection 7 be conditioned on property security.

230

Chair Williams

Closes work session on HB 2591. Opens work session on HB 3338.

HB 3338 WORK SESSION

234

Bill Joseph

Committee Counsel.  Explains HB 3338 which modifies provisions relating to desertion by parent in adoption proceedings. Submits the -2 amendments (EXHIBIT F).

254

Kathy Ledesma

Department of Human Services (DHS). Says changes to the -1 amendments have been agreed upon. Refers to page 2, line 13.  Page 2, delete last sentence. Summarizes HB 3338 as to what it does.

250

Rep. Krummel

MOTION:  Moves to conceptually AMEND HB 3338 on page 2, in line 13, delete "or" and change to "and." On page 2, delete the last sentence.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Ackerman

251

Chair Williams

Hearing no objection, declares the motion CARRIED.

252

Rep. Krummel

MOTION:  Moves to ADOPT HB 3338-2 amendments dated 5/1/03 as conceptually amended.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Ackerman

253

Chair Williams

Hearing no objection, declares the motion CARRIED.

254

Rep. Krummel

MOTION:  Moves HB 3338 to the floor with a DO PASS AS AMENDED and CONCEPTUALLY AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Ackerman

255

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. KRUMMEL will lead discussion on the floor.

256

Chair Williams

Closes work session.  Moves to introduce measure (EXHIBIT H).

INTRODUCTION OF LC 221

257

Chair Williams

MOTION:  Moves LC 221 BE INTRODUCED as a committee bill.

 

 

VOTE:  9-0

258

Chair Williams

Hearing no objection, declares the motion CARRIED.

259

Chair Williams

Opens work session on SB 37.

SB 37 WORK SESSION

260

Bill Joseph

Committee Counsel. Explains 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 and submits the -1 amendment (EXHIBIT I).

261

Chair Williams

MOTION:  Moves to ADOPT SB 37-1 amendments dated 4/30/03.

 

 

VOTE:  9-0

261

Chair Williams

Hearing no objection, declares the motion CARRIED.

262

Chair Williams

MOTION:  Moves SB 37 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

263

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

264

Chair Williams

Closes work session on SB 37.  Opens work session on SB 35.

SB 35 WORK SESSION

280

Bill Joseph

Committee Counsel.  Explains 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. Submits SB 35-1 amendment  (EXHIBIT G).

TAPE 170, B

030

Susan Grabe

Oregon State Bar. Explains SB 35 -1 amendment clarifies the bill to ensure the court approves payment for compensation to persons employed by the fiduciary before the services are provided.   

043

Professor Jennifer Wright

Willamette University School of Law. Supports the -1 amendment. Introduces Joanna Harbor.

040

Rep. Jenson

Asks about “significant others” and other terms in the bill.

050

Wright

Explains the language was discussed by the committee and interested parties and was worked out with the real estate commission.

070

Tim Martinez

Oregon Bankers Association. Testifies that banks and trust companies should be exempt.  Supports SB 35 with the -1 amendments.

072

Holly Robinson

Legislative Counsel.  Explains ORS 125.242 that had a specific exemption for financial institutions and trust companies. 

075

Rep. Shetterly

MOTION:  Moves to ADOPT SB 35-1 amendments dated 5/1/03.

 

 

VOTE:  9-0

077

Chair Williams

Hearing no objection, declares the motion CARRIED.

079

Rep. Shetterly

MOTION:  Moves SB 35 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

080

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. MACPHERSON will lead discussion on the floor.

082

Chair Williams

Closes work session on SB 35 and adjourns meeting at 2:40 pm

 


 

EXHIBIT SUMMARY

 

A – HB 2080-3 amendment, staff, 2 pp

B – HB 2080-4 amendment, staff, 2 pp

C – HB 2494-1 amendment, staff, 2 pp

D – HB 2498-1 amendment, staff, 1 p

E – HB 2591-1 amendment, staff, 2 pp

F – HB 3338-2 amendment, staff, 4 pp

G – SB 35-1 amendment, staff, 1 p

H  -  LC 221, staff, 1 p

I –   SB 37-1 amendment, staff, 26 pp