HOUSE COMMITTEE ON JUDICIARY

 

 

May 16, 2003 Hearing Room 357

1:00 p.m. Tapes  194-196

 

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 Joseph, Counsel

Craig Prins, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            SB 882A Public Hearing

                                                SB 68 Public Hearing and Work Session

                                                SB 69A Public Hearing and Work Session

                                                SB 64A Public Hearing and Work Session

                                                SB 609A Public Hearing

                                                SB 41 Work Session

                                                SB 259 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 194, A

003

Vice Chair Ackerman

Calls the meeting to order at 1:25 p.m. Opens a public hearing on SB 882A.

SB 882A PUBLIC HEARING

013

Craig Prins

Committee Counsel. Introduces SB 882A which authorizes presiding judge of twenty-second judicial district to enter into memorandum of understanding with Confederated Tribes of Warm Springs regarding adjudication and disposition of youths and youth offenders. Discusses  –A2 amendments (EXHIBIT A).

029

Wallace P. Carson, Jr.

Chief Justice of the Oregon Supreme Court. Testifies in support of SB 882A.

042

Rep. Jenson

Asks about the memorandum of understanding.

048

Chief Justice Carson

Answers that it takes the presiding judge and himself to sign off on it. Says that he has not seen the memorandum of understanding yet.

058

Rep. Barker

Asks what happens to a juvenile that commits a Measure 11 crime.

062

Chief Justice Carson

Says that they are treated as an adult.

068

Daniel Ahern

Circuit Court Judge, Jefferson County Courthouse. Submits testimony and testifies in support of SB 882A (EXHIBIT B).

120

Jennifer Kimble

Defense Attorney, Jefferson County. Testifies in support of SB 882A.

140

Matthew Birnie

Jefferson County Juvenile Department Director. Testifies in support of SB 882A. Says he does not support the -A2 amendments.

192

Rep. Jenson

Asks how many cases would be eligible for this type of action.

201

Birnie

Answers that approximately 200 referrals per year come to the county juvenile department for offenses committed by tribal enrolled youths committed off the reservation.

217

Rep. Jenson

Asks if there is a judge in Jefferson County that handles all of the juvenile cases or are they spread around the circuit court.

223

Judge Ahern

Answers that there are three judges in the 22nd judicial district and two of them live in Jefferson county. Says that there are two judges that do most of the juvenile work.

236

Vice Chair Anderson

Asks if there are non-tribal children that live on tribal lands. Asks how they are adjudicated.

238

Judge Ahern

Answers, yes. Says they are brought to his court.

246

Birnie

Comments on question asked by Rep. Jenson.

260

Michael Mason

Confederated Tribes of the Warm Springs Reservation of Oregon. Submits testimony and testifies in support of SB 882A (EXHIBIT C). Discusses the -2 amendments (Exhibit A).

302

Roger Martin

Confederated Tribes of the Umatilla Reservation. Testifies in support of SB 882A.

332

Rep. Prozanski

Asks why we are at this juncture.

345

Mason

Says that most of the tribes in Oregon are not developed enough to handle juvenile cases like this.

363

Judge Ahern

Explains that they have been meeting with the tribes for about 6 years and it is a slow process.

402

Rep. Jenson

Discusses the bill.

TAPE 195, A

023

Chair Williams

Closes the public hearing on SB 882A and opens a public hearing on SB 68.

SB 68 PUBLIC HEARING

029

Craig Prins

Committee Counsel. Introduces SB 68 which corrects references to repealed statutes.

034

Wendy Johnson

Oregon Law Commission. Testifies in support of SB 68.

041

Chair Williams

Closes the public hearing on SB 68 and opens a work session.

SB 68 WORK SESSION

052

Vice Chair Ackerman

MOTION:  Moves SB 68 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.

 

 

VOTE:  9-0

055

Chair Williams

Hearing no objection, declares the motion CARRIED.

063

Chair Williams

Closes the work session on SB 68 and opens a public hearing on SB 69A.

SB 69A PUBLIC HEARING

075

Craig Prins

Committee Counsel. Introduces SB 69A which modifies references to child, youth and youth offender in general provisions relating to juvenile court. Discusses the –A2 amendments (EXHIBIT D).

080

Timothy Travis

Oregon Judicial Department. Submits testimony and testifies in support of SB 69A (EXHIBIT E).

163

Chair Williams

Asks Mr. Travis about the –A2 amendments.

166

Travis

Says that the –A2 amendments are conflict amendments.

176

Chair Williams

Closes the public hearing on SB 69A and opens a work session.

SB 69A WORK SESSION

179

Rep. Shetterly

MOTION:  Moves to ADOPT SB 69A-2 amendments dated 05/15/03.

 

 

VOTE:  9-0

180

Chair Williams

Hearing no objection, declares the motion CARRIED.

182

Rep. Shetterly

MOTION:  Moves SB 69A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

188

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. KRUMMEL will lead discussion on the floor.

192

Chair Williams

Closes the work session on SB 69A and opens a public hearing on SB 64A.

SB 64A PUBLIC HEARING

200

Warren Deras

Attorney, Estate Planning and Probate. Submits testimony and testifies in support of SB 64A (EXHIBIT F & G).

318

Deras

Continues his testimony in support of SB 64A.

TAPE 194, B

025

Deras

Continues his testimony in support of SB 64A. Discusses Escheat Law.

100

Rep. Macpherson

Asks about the Escheat general rules.

111

Deras

Explains Escheat laws throughout the United States.

125

Rep. Macpherson

Comments on antiquated property laws.

142

Deras

Discusses a current case.

166

Rep. Krummel

Asks what a “laughing heir” is.

172

Deras

Answers that is a person that is related by blood to a decedent, but did not know the decedent well enough to be mourning his/her death.

187

Jeannette Holman

Division of State Lands. Submits testimony and testifies in support of SB 64A (EXHIBIT H).

205

Chair Williams

Closes the public hearing on SB 64A and opens a work session.

SB 64A WORK SESSION

212

Rep. Prozanski

MOTION:  Moves SB 64A to the floor with a DO PASS recommendation.

 

 

VOTE:  9-0

214

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. MACPHERSON will lead discussion on the floor.

222

Chair Williams

Closes the work session on SB 64A and opens a public hearing on SB 609A.

SB 609A PUBLIC HEARING

240

Bill Joseph

Committee Counsel. Introduces SB 609A which specifies that person who offers security or offers to purchase security in violation of securities laws or by means of untrue statement or omission may be liable for damages in action brought under securities laws.

243

Scott Shorr

Attorney. Submits testimony and testifies in support of SB 609A (EXHIBIT I).

349

Fred Boss

Assistant Attorney General, Department of Justice. Testifies in support of SB 609A.

364

Floyd Lanter

Administrator, Department of Consumer and Business Services. Submits testimony and testifies in support of SB 609A (EXHIBIT J).

404

Kate Richardson

Treasurer’s Office. Testifies in support of SB 609A.

423

Rep. Macpherson

Asks if the remedies made available by this bill would extend to the accounting firms.

434

Shorr

Says that he believes they would.

446

Chair Williams

Closes the public hearing on SB 609A and opens a work session on SB 41.

SB 41 WORK SESSION

TAPE 195, B

009

Bill Joseph

Committee Counsel. Introduces SB 41 which provides that prevailing part in civil action relating to express or implied contract is entitled to award of attorney fees authorized by contract or by statute, even though party prevails by reason of claim or defense asserting that contract is in whole or part void or unenforceable. Talks about the -3 amendments (EXHIBIT K).

028

Susan Grabe

Oregon State Bar. Says that the National Federation of Independent Business (NFIB/Oregon) no longer have concerns with the bill.

041

Harlan Levy

Staff Attorney, Oregon Association of Realtors. Says that their concerns will go away with the -3 amendments.

045

Rep. Krummel

Ask what the -3 amendments do.

048

Joseph

Explains the -3 amendments.

051

Rep. Shetterly

Says that he does not support the -3 amendments.

067

Vice Chair Ackerman

States he also cannot support the -3 amendments.

075

Julie Brandis

Associated Oregon Industries. Testifies as neutral on SB 41.

093

Michael Zusman

Oregon State Bar, Procedure and Practice Commission. Says that they support the -3 amendments.

103

Rep. Krummel

Asks for an explanation of the bill.

100

Zusman

Explains that there has been a judge-made law that has carved out an exception to universal reciprocity.

125

Joseph

Explains that this is only in regards to contracts that have a prevailing party attorneys fees clause.

160

Chair Williams

Discusses bill.

183

Rep. Shetterly

Says that without the reciprocity we are rewarding the bad actor.

200

Joseph

Discusses the reciprocity and says that it benefits all of the parties.

218

Zusman

Says that this bill is good for business-to-business transactions.

232

Rep. Krummel

States that he is not going to support the bill today because he has some concerns to work through.

251

Vice Chair Anderson

Asks for an explanation as to why the realtors would not like to see  “residential use” in the bill.

256

Chair Williams

Explains that by taking out “residential use” from the -2 amendments (EXHIBIT L), the -3 amendments broaden the exemption.

270

Levy

Says that their concern is that this would lead to more claims for rescission of contracts. Discusses the -2 and -3 amendments. Says that in order to have a neutral position on the bill, they want all real estate contracts exempted from the bill.

281

Rep. Shetterly

States that he does not agree with their position.

299

Joseph

Describes a situation he had in a real estate suit.

326

Rep. Shetterly

MOTION:  Moves SB 41 to the floor with a DO PASS recommendation.

338

 

VOTE:  8-1-0

AYE:               8 - Ackerman, Anderson, Barker, Jenson, Macpherson, Prozanski, Shetterly, Williams

NAY:               1 - Krummel

339

Chair Williams

The motion CARRIES.

REP. SHETTERLY will lead discussion on the floor.

342

Chair Williams

Closes the work session on SB 41 and opens a work session on SB 259.

SB 259 WORK SESSION

360

Mark Landauer

City of Portland, Office of Government Relations. Testifies in support of SB 259 which requires person requesting inspection of public record that person knows relates to claim against public body to notify attorney for public body of request.

391

Rep. Krummel

Asks if it is the city attorney that gets the copy of the request for public information.

393

Landauer

Answers that is correct.

394

Rep. Barker

Asks if all this does is notify the city attorney.

402

Landauer

Explains that the bill gives the opportunity for all attorneys to play on a level playing field to know what information is out there.

439

Chair Williams

Explains the bill.

TAPE 196, A

019

Rep. Shetterly

Wonders if there is enough connection or communication between outside counsel and the in-house city attorneys so that if there is litigation the city attorneys will know what it is about.

032

Landauer

Says that the Senate raised that question and the city attorneys will get notice.

045

Vice Chair Ackerman

MOTION:  Moves SB 259 to the floor with a DO PASS recommendation.

 

 

VOTE:  9-0

050

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ACKERMAN will lead discussion on the floor.

055

Chair Williams

Closes the work session on SB 259. Adjourns the meeting at 3:15 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 882A, -A2 amendments, submitted by staff, dated 5/9/03, 1 pg.

B – SB 882A, written testimony, submitted by Judge Daniel Ahern, 2 pgs.

C – SB 882A, written testimony, submitted by Michael Mason, 1 pg.

D – SB 69A, -A2 amendments, submitted by staff, dated 5/15/03, 18 pgs.

E – SB 69A, Juvenile Code Revision Report, submitted by Timothy Travis, 9 pgs.

F – SB 64A, written testimony on Escheat Law Revision, submitted by Warren Deras, 6 pgs.

G – SB 64A, section-by-section analysis of SB 64A, submitted by Warren Deras, 20 pgs.

H – SB 64A, written testimony, submitted by Jeannette Holman, 1 pg.

I –  SB 609A, written testimony, submitted by Scott Shorr, 2 pgs.

J – SB 609A, written testimony, submitted by Floyd Lanter, 2 pgs.

K – SB 41, -3 amendments, submitted by staff, dated 5/14/03, 1 pg.