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