SENATE COMMITTEE ON JUDICIARY

 

 

January 21, 2003   Hearing Room 343

8:00 a.m.      Tapes 1 - 2

 

MEMBERS PRESENT:            Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Ted Ferrioli

Sen. Charlie Ringo

Sen. Charles Starr

Sen. Vicki Walker

 

 

STAFF PRESENT:                  Bill Taylor, Counsel

                                                Craig Prins, Counsel

                                                Bill Joseph, Counsel

Jane Bodenweiser, Committee Assistant

 

MEASURE/ISSUES HEARD:            SB 32 - Public Hearing          

                                                SB 35 - Public Hearing and Work Session

                                                SB 33 - Public Hearing

                                                SB 36 - Public Hearing

                                                SB 42 - Public Hearing and Work Session

                                                SB 41 - Public Hearing and Work Session

LC 1494, LC 1495, LC 1497, LC 1498, LC 1499, LC 1501, LC 1742

 

 

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 1, A

003

Chair Minnis

Calls the meeting to order at 8:10 a.m. and introduces the committee and staff and asks for comments from committee members.

144

Craig Prins

Committee Counsel. Announces future meetings.

186

Chair Minnis

Suggests other opportunities for informational meetings.

204

Chair Minnis

Recesses the meeting at 8:20 a.m.

206

Chair Minnis

Reconvenes the meeting and 8:37 a.m.

207

Prins

Introduces the committee rules (EXHIBIT A). Points out changes to the rules.

228

Sen. Walker

Says she prefers 48 hour notice of committee meetings, and video conferencing for testimony.

243

Chair Minnis

Reminds the committee that their meetings are televised in the building.

259

Vice Chair Burdick

MOTION:  Moves to ADOPT the proposed Committee Rules dated

1/20/03.

 

 

VOTE:  6-0

262

Chair Minnis

Hearing no objection, declares the motion CARRIED.

265

Chair Minnis

Opens a public hearing on SB 32.

SB 32 - PUBLIC  HEARING

267

Bill Joseph

Committee Counsel.  Introduces SB 32 which modifies the role and responsibilities of court visitors in protective proceedings.

301

Susan Grabe

Oregon State Bar, Public Affairs Program.  Introduces Dady Blake.

308

Dady Blake

Oregon State Bar, Elder Law Section.  Submits testimony and testifies in support of SB 32 (EXHIBIT B).

367

Ann Christian

Oregon Judicial Department.  Testifies in support of  SB 32.

396

Vice Chair Burdick

Closes the public hearing on SB 32 and opens a public hearing on SB 35.

SB 35 - PUBLIC HEARING

402

Bill Joseph

Committee Counsel.  Introduces SB 35 that requires prior court approval for payment of compensation to persons employed by fiduciary.

439

Dady Blake

Oregon State Bar (OSB).  Submits testimony and testifies in support of SB 35 (EXHIBIT C).

479

Chair Minnis

Asks when this law would apply.

484

Blake

Explains an instance when this bill would apply.

TAPE 2, A

034

Chair Minnis

Asks who appoints the conservatorship.

036

Blake

Replies that they are appointed by the court usually through a family member.

052

Chair Minnis

Asks about the process.

055

Blake

Explains the process.

069

Vice Chair Burdick

Asks about an analysis of the burden on the courts.

074

Blake

Says the request came from the court.

096

Sen. Walker

Asks about expenditures.

105

Blake

Explains how expenditures would be supervised.

124

Sen. Ferrioli

Asks for clarification of the conservator process.

137

Blake

Explains the process.

149

Sen. Ferrioli

Gives his interpretation of the bill.

166

Blake

Responds there is a burden of responsibility on the attorneys.

214

Sen. Ferrioli

Explains that he still has questions.

222

Sen. Ringo

Says he sees this bill as a safeguard.

241

Brooks Cooper

Oregon State Bar (OSB), Elder Law Section.  Addresses Sen. Ferrioli’s question and says he believes this bill to be valuable.

283

Sen. Walker

Asks why reports are annual and if semi-annual would be better.

288

Cooper

Says he does not believe the reporting would make a difference.

301

Sen. Walker

Relates understanding of the reporting system.

308

Cooper

Replies that he agrees.

322

Chair Minnis

Says it is his understanding that the law is already in place.

333

Cooper

Explains his view.

344

Sen. Minnis

Asks if judges don’t already do this kind of work.

356

Vice Chair Burdick

Explains her understanding of the responsibilities of the attorney rather than the judge.

372

Cooper

Agrees with her understanding.

393

Sen. Ferrioli

Asks if there is a bonding process of the fiduciary.

397

Cooper

Says bonding can be required.

422

Sen. Ferrioli

Contends that the burden is on the attorney, not the judge.

453

Sen. Ringo

Says that he is concerned about the accountability issues of this bill.

TAPE 1, B

030

Chair Minnis

Reads a section of the bill and says he likes the idea of posting a bond.

048

Sen. Walker

Says from her personal experience, it is not cheap to attain a bond.

052

Cooper

Agrees.

057

Chair Minnis

 Asks about a legal strategy.

059

Cooper

Clarifies the strategy.

076

Vice Chair Burdick

Says this is not the final solution, but a small check.

088

Chair Minnis

Closes the public hearing on SB 35 and opens a public hearing on SB 33.

SB 33 - PUBLIC HEARING

103

Brooks Cooper

OSB Elder Law Section.  Submits testimony and testifies in support of SB 33 (EXHIBIT D).

177

Sen. Ringo

Asks if there would be any confusion on other types of financial accounts.

177

Cooper

Explains other accounts have different statutes and rules.

201

Chair Minnis

Says that we will need to get an amendment drafted.

215

Tim Martinez

Oregon Bankers Association.  Says they worked with the OSB on this bill.

220

Sen. Walker

Likes the bill.

229

Sen. Minnis

Closes the public hearing on SB 33 and opens a work session on SB 35.

SB 35 - WORK SESSION

231

Sen. Minnis

Asks Sen. Ferrioli if he supports SB 35.

234

Sen. Ferrioli

Says he does not.

251

Chair Minnis

Asks if there is a list of judges requesting this bill.

255

Blake

Gives the judges names.

260

Sen. Burdick

MOTION:  Moves SB 35 to the floor with a DO PASS

recommendation.

 

 

VOTE:  5-1

AYE:               5 - Burdick, Ringo, Starr C., Walker, Minnis

NAY:               1 - Ferrioli

267

Chair Minnis

The motion CARRIES.

RINGO will lead discussion on the floor.

299

Chair Minnis

Closes the work session on SB 35 and opens a public hearing on SB 36.

SB 36 - PUBLIC HEARING

301

Dady Blake

Oregon State Bar, Elder Law Section. Submits testimony and testifies in support of SB 36 which requires professional fiduciaries to undergo annual criminal records check (EXHIBIT E).

331

Chair Minnis

Asks who the background checks.

332

Blake

Says the fiduciaries obtain their own.

344

Chair Minnis

Asks what is actually in a check.

347

Blake

Describes what is in the check.

361

Sen. Ferrioli

Says this is an example of fiduciary overkill.

379

Chair Minnis

Asks for clarification of the background check.

370

Blake

Explains the extent of what a background check will show.

388

Chair Minnis

Asks why a credit history is not required of the fiduciary.

390

Blake

Responds.

445

Sen. Ringo

Asks what a professional fiduciary is.

457

Blake

Says it is someone who does this for a living, such as a social worker; someone with a healthcare background.

TAPE 2, B

020

Sen. Ringo

Asks how many there are in Oregon.

023

Blake

Estimates there are a hundred people.

027

Sen. Ringo

Asks of any awareness of fiduciaries who have gone astray.

031

Blake

Says yes, and gives examples.

050

Sen. Ferrioli

Thinks a credit report and a statement of economic interest would be more valuable than a criminal update.

067

Vice Chair Burdick

Asks about the cost of a background criminal check.

073

Blake

Says it is fairly nominal.

082

Vice Chair Burdick

Asks for clarification of what is in the criminal background check.

090

Blake

Says disclosure does not necessarily preclude appointment.

101

Sen. Ferrioli

Asks about the responsibility of the professional fiduciary.

105

Blake

Talks about what this bill would require of the fiduciary.

106

Sen. Ferrioli

Asks if it isn’t already required.

115

Blake

Responds that this bill could be amended.

123

Sen. Ferrioli

Says he questions the sufficiency of the background check.

147

Chair Minnis

Asks if there is a list of professional fiduciaries.

150

Blake

Says there is a statewide network.

156

Chair Minnis

Suggests that a SID number be assigned to the fiduciary.

177

Sen. Ferrioli

Refers to ORS 125.240, Sec. 2, subsection A and reads its content.

184

David Yandell

Oregon State Police.  Says he would like the opportunity to discuss this bill further.

195

Carmen Merlo

Oregon State Police. Explains the cost of background checks and what is in those checks.

211

Chair Minnis

Summarizes his understanding of the issue.

218

Chair Minnis

Closes the public hearing on SB 36 and opens a public hearing on SB 42.

SB 42 - PUBLIC HEARING

225

Mark Morrell

Trial Lawyer.  Submits testimony and testifies in support of SB 42 (EXHIBIT F).

229

Chair Minnis

Closes the public hearing on SB 42 and opens a work session.

SB 42 - WORK SESSION

231

Vice Chair Burdick

MOTION:  Moves SB 42 to the floor with a DO PASS

 recommendation and be placed on the CONSENT CALENDAR.

 

 

VOTE:  5-0-1

AYE:               5 - Burdick, Ringo, Starr C., Walker, Minnis

EXCUSED:     1 - Ferrioli

235

Chair Minnis

The motion CARRIES.

SEN. MINNIS will lead discussion on the floor.

SB 41 - PUBLIC HEARING

245

Mark Morrell

Submits testimony and testifies in favor of SB 41 (EXHIBIT F).

274

Sen. Ringo

Says this is a good bill.

278

Chair Minnis

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

SB 41 - WORK SESSION

280

Vice Chair Burdick

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

recommendation and be placed on the CONSENT CALENDAR.

 

 

VOTE:  5-0-1

AYE:               5 - Burdick, Ringo, Starr C., Walker, Minnis

EXCUSED:     1 – Ferrioli

293

Chair Minnis

The motion CARRIES.

SEN. MINNIS will lead discussion on the floor.

294

Chair Minnis

Closes the work session on SB 41.

296

Counsel Prins

Introduces committee measures.

322

Vice Chair Burdick

MOTION:  Moves LC's:  1494, 1495, 1497, 1498, 1499, 1501, 1742 BE

 INTRODUCED as committee bills (EXHIBITS G – M).

 

 

VOTE:  6-0

332

Chair Minnis

Hearing no objection, declares the motion CARRIED.

333

Chair Minnis

Announces the cancellation of the meeting on 1/22/03, and adjourns the meeting at 10:10 a.m.

 


 

 

EXHIBIT SUMMARY

 

A – Committee Rules, submitted by staff, 2 pp

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

C – SB 35, written testimony, Dady Blake, 2 pp

D – SB 33, written testimony, Brooks Cooper, 2 pp

E – SB 36, written testimony, Dady Blake, 1 p

F – SB 41, 42, written testimony, Mark Morrell, 2 pp

G – LC 1494, submitted by staff, 2 pp

H – LC 1495, submitted by staff, 2 pp      

I – LC 1497, submitted by staff, 6 pp

J – LC 1498, submitted by staff, 1 p

K – LC 1499, submitted by staff, 1 p

L – LC 1501, submitted by staff, 4 pp

M – LC 1742, submitted by staff, 2 pp