HOUSE COMMITTEE ON JUDICIARY
May 13, 2003 Hearing Room 357
1:00 pm Tapes
188 - 189
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: Craig
Prins, Counsel
Nancy Massee, Committee Assistant
MEASURE/ISSUES HEARD: HB 2156 Work Session
SB 112A Public Hearing and Work
Session
SB 115A Public Hearing and Work
Session
SB 117 Public Hearing and Work
Session
SB 122 Public Hearing and Work
Session
SB 123 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 188,
A |
||
|
004 |
Chair Williams |
Opens meeting at 1:10 pm. Opens work session on HB 2156. |
|
HB 2156
WORK SESSION |
||
|
020 |
Chair Williams |
Recalls HB 2156 brought forward earlier by Department
of Human Services (DHS) which authorizes DHS to present for recordation
request for notice of transaction in deed and mortgage records of county in
which public assistance recipient holds interest in real property. Presents
the HB 2156-2 amendments (EXHIBIT A). |
|
035 |
Rick Mills |
DHS. Discusses fiscal impact. Says they have no
precise numbers as yet on savings. |
|
037 |
Rep.
Prozanski |
MOTION: Moves to ADOPT HB 2156-2 amendments dated
3/25/03. |
|
|
|
VOTE:
7-0-2 EXCUSED: 2 - Krummel, Shetterly |
|
038 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. |
|
039 |
Rep.
Prozanski |
MOTION: Moves HB 2156 to the floor with a DO PASS
AS AMENDED recommendation and BE REFERRED to the Committee on Ways and Means
BY PRIOR REFERENCE. |
|
|
|
VOTE:
7-0-2 EXCUSED: 2 - Krummel, Macpherson |
|
040 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. |
|
041 |
Chair Williams |
Closes work session on HB 2156. Opens public hearing on SB 112A. |
|
SB 112A
PUBLIC HEARING |
||
|
060 |
Craig Prins |
Committee Counsel.
Explains SB 112A which modifies requirements for submitting child
abuse multidisciplinary intervention plan. |
|
130 |
Connie Gallagher |
Department of Justice. Testifies in support of SB
112A and submits written testimony (EXHIBIT
B). |
|
168 |
Walt Beglau |
Deputy District Attorney, Marion County. Testifies in support of SB 112A. |
|
182 |
Rep. Prozanski |
Asks if Multi-Disciplinary Intervention (MDI) teams
were contacted. |
|
185 |
Beglau |
Responds that these were minor changes and the teams
were not approached. |
|
190 |
Rep. Krummel |
Asks about fiscal impact in section 3. |
|
202 |
Gallagher |
Responds that the only costs would be less than $500
for travel for a few council members. |
|
204 |
Rep. Krummel |
Asks if costs can be absorbed by the council. |
|
208 |
Gallagher |
Replies the administrative costs were provided for. |
|
210 |
Chair Williams |
Closes public hearing on SB 112A. Opens work session
on SB 112A. |
|
SB 112A
WORK SESSION |
||
|
212 |
Rep.
Prozanski |
MOTION: Moves SB 112A to the floor with a DO PASS
recommendation. |
|
|
|
VOTE:
9-0 |
|
213 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. REP. PROZANSKI will lead discussion on
the floor. |
|
214 |
Chair Williams |
Closes work session on SB112A. Opens public hearing on SB 115A. |
|
SB 115A
PUBLIC HEARING |
||
|
216 |
Craig Prins |
Committee Counsel.
Explains SB 115A provides that rules of evidence do not apply at
shelter hearing. |
|
220 |
Michael Livingston |
Department of Justice. Testifies in support of SB 115A and submits written testimony (EXHIBIT C). |
|
310 |
Livingston |
Continues presentation. |
|
320 |
Rep. Krummel |
States the language is broad. |
|
370 |
Livingston |
Explains the hearing is not to decide whether court
has jurisdiction. The hearing is to
decide whether child needs protection before the hearing. |
|
TAPE 189,
A |
||
|
017 |
Chair Williams |
Refers to ORS 40.150 and relative evidence. |
|
028 |
Livingston |
Explains this shelter care hearing is not the only
hearing on shelter care before the jurisdictional petition hearing. |
|
036 |
Chair Williams |
Asks about the juvenile work group’s decisions on
level of evidence by the Oregon Law Commission. |
|
038 |
Livingston |
Answers he was not a member of that work group. |
|
044 |
Chair Williams |
Closes public hearing on SB 115A. Opens work session
on SB 115A. |
|
SB 115A
WORK SESSION |
||
|
060 |
Rep.
Prozanski |
MOTION: Moves SB 115A to the floor with a DO PASS
recommendation. |
|
|
|
VOTE:
6-0-3 EXCUSED: 3 - Jenson, Macpherson, Shetterly |
|
062 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. REP.
WILLIAMS will lead discussion on the floor. |
|
080 |
Chair Williams |
Closes work session on SB 115A. Opens public hearing
on SB 117. |
|
SB 117
PUBLIC HEARING |
||
|
084 |
Craig Prins |
Committee Counsel.
Explains SB 117 which expands Department of Justice Client Trust
Account to include all moneys Department of Justice receives on behalf of
persons and agencies. |
|
087 |
Jim Lamka |
Department of Justice (DOJ). Testifies in support of SB 117 and submits
testimony (EXHIBIT D). |
|
112 |
Chair Williams |
Closes public hearing on SB 117. Opens work session on SB 117. |
|
SB 117
WORK SESSION |
||
|
114 |
Rep.
Prozanski |
MOTION: Moves SB 117 to the floor with a DO PASS
recommendation. |
|
|
|
VOTE:
7-0-2 EXCUSED: 2 - Barker, Macpherson |
|
116 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. REP. ANDERSON will lead discussion on
the floor. |
|
117 |
Chair Williams |
Closes work session on SB 117. Opens public hearing on SB 122. |
|
SB 122
PUBLIC HEARING |
||
|
120 |
Craig Prins |
Committee Counsel.
Explains SB 122 which expands crime of robbery in third degree to
include activities relating to unauthorized use of vehicle. |
|
132 |
Erik Wasmann |
Department of Justice (DOJ). Testifies in support of SB 122 and submits
testimony (EXHIBIT E). |
|
167 |
Rep. Prozanski |
Asks if property is taken by force, for instance
shoplifting, and then abandoned, is that an issue. |
|
200 |
Wasmann |
Answers it is not, because vehicles are different. |
|
205 |
Chair Williams |
Refers to ORS 164.135 “vehicle” is defined. |
|
210 |
Chair Williams |
Closes public hearing on SB 122. Opens work session on SB 122. |
|
SB 122
WORK SESSION |
||
|
215 |
Rep.
Prozanski |
MOTION: Moves SB 122 to the floor with a DO PASS
recommendation. |
|
|
|
VOTE:
9-0 |
|
216 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. REP. BARKER will lead discussion on
the floor. |
|
217 |
Chair Williams |
Closes work session on SB 122, and opens public
hearing on SB 123. |
|
SB 123
PUBLIC HEARING |
||
|
220 |
Craig Prins |
Committee Counsel.
Explains SB 123 which allows court to impanel alternate jurors in
misdemeanor case. |
|
222 |
Jonathan Fussner |
Department of Justice (DOJ). Testifies in support of
SB 123 and submits testimony (EXHIBIT
F). |
|
260 |
Susan Russell |
Oregon Criminal Defense Lawyers Association
(OCDLA). Testifies in support of SB
123. |
|
275 |
Ann Christian |
Oregon Judicial Department. Explains there is no fiscal impact. |
|
290 |
Chair Williams |
Closes public hearing on SB 123. Opens work session
on SB 123. |
|
SB 123
WORK SESSION |
||
|
365 |
Rep.
Macpherson |
MOTION: Moves SB 123 to the floor with a DO PASS
recommendation. |
|
|
|
VOTE:
9-0 |
|
366 |
Chair Williams |
Hearing no objection, declares the
motion CARRIED. REP. MACPHERSON will lead discussion
on the floor. |
|
367 |
Chair Williams |
Closes work session on SB 123. Adjourns meeting at 2:05 pm. |
EXHIBIT
SUMMARY
A
–HB 2156-2 amendments, staff, 2 pp
B
– SB 112A, written testimony, Connie Gallagher, 1 p
C
– SB 115A, written testimony, Michael Livingston, 2 pp
D
– SB 117, written testimony, Jim Lamka, 1 p
E
– SB 122, written testimony, Erik Wasmann, 4 pp
F
– SB 123, written testimony, Jonathan Fussner, 1 p