SENATE COMMITTEE ON JUDICIARY

 

 

February 05, 2003                                                                                               Hearing Room 343

8:00 A.M.                                                                                                                       Tapes 17-18

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Charlie Ringo

Sen. Charles Starr

Sen. Vicki Walker

 

MEMBER EXCUSED:          Sen. Ted Ferrioli

 

 

STAFF PRESENT:                 Bill Taylor, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           LC 1913

                                                SB 68 Public Hearing and Work Session

                                                SB 67 Public Hearing and Work Session

                                                SB 70 Public Hearing

                                                SB 71 Public Hearing

                                                SB 72 Public Hearing

 

 

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 17, A

004

Chair Minnis

Calls the meeting to order at 8:10 a.m.

005

Bill Taylor

Committee counsel.  Introduces LC 1913 (EXHIBIT A).

010

Sen. Walker

MOTION:  Moves LC 1913 BE INTRODUCED as a committee bill.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ferrioli, Sen. Burdick

012

Chair Minnis

Hearing no objection, declares the motion CARRIED.

022

Rep. Max Williams

House District 35. Introduces Dave Kenagy and Wendy Johnson.  Provides background on the Oregon Law Commission and its members.

078

Dave Kenagy

Executive Director, Oregon Law Commission.  Discusses how the Law Commission operates.  Identifies reports provided to the committee showing the work of the commission (EXHIBITS B-D and F).

119

Wendy Johnson

Assistant Executive Director, Oregon Law Commission.  Talks about the work groups involved in creating SB 67, 68, 70, 71, and 72.

136

Sen. Kate Brown

Senate District 21.  Discusses the work group projects.

155

Chair Minnis

Opens a public hearing on SB 68.

SB 68 – PUBLIC HEARING

156

Sen. Kate Brown

Senate District 21. Testifies in support of SB 68 that corrects references to repealed statutes.  Refers to the report on Juvenile Code Revision (EXHIBIT B).

206

Chair Minnis

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

SB 68 – WORK SESSION

208

Sen. Walker

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

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ferrioli, Sen. Burdick

210

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

214

Chair Minnis

Closes the work session on SB 68 and opens a public hearing on SB 67.

SB 67 – PUBLIC HEARING

215

Timothy Travis

Oregon Judicial Department. Testifies in support of SB 67 that clarifies that telephone testimony may be used in proceeding under ORS chapter 419B.  Refers to report on Telephone Testimony (EXHIBIT C).

271

Sen. Ringo

Asks if dependency proceedings have allowed telephone testimony.

286

Travis

Says a party can make a motion for telephone testimony, but the judge decides.

303

Sen. Walker

Comments about reduced cost of telephone testimony.

317

Chair Minnis

Notes other cases where telephone testimony may be used.

333

Travis

Clarifies the statute.

393

Chair Minnis

Closes the public hearing on SB 67 and opens a work session.

SB 67 – WORK SESSION

401

Sen. Walker

MOTION:  Moves SB 67 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ferrioli, Sen. Burdick

408

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. STARR will lead discussion on the floor.

415

Chair Minnis

Closes the work session on SB 67 and opens a public hearing on SB 70.

SB 70 – PUBLIC HEARING

TAPE 18, A

001

Lisa Kay

Juvenile Rights Project. Testifies in support of SB 70 that creates procedure for establishment of guardianship in juvenile court.  Refers to report on Guardianship (EXHIBIT D).

022

Sen. Ringo

Asks for definition of temporary guardianship.

025

Kay

Defines the guardianship. Continues discussion of SB 70.

060

Chair Minnis

Asks about reference to “competent” evidence.

066

Kay

Says it was copied from the juvenile code.

093

Timothy Travis

Oregon Judicial Department.  Clarifies the definition of “competent” evidence.

159

Bill Taylor

Committee counsel.  Proposes the removal of “competent.”

171

Travis

Replies that nothing would be lost by removing “competent.”

179

Taylor

Wonders about evidence that may not be deemed competent.

200

Kay

Replies that “competent” is already in the code.

206

Chair Minnis

Remarks that the statutes may not be clear.

215

Kay

Continues review of the bill.

303

Chair Minnis

Asks about permanent guardianship versus long-term guardianship.

311

Kay

Explains the difference between the two types of guardianship.

340

Chair Minnis

Asks for further clarification.

320

Kay

Recaps the definitions of specific guardianships.

449

Vice Chair Burdick

Asks about the term “general guardianship.”

457

Kay

Explains that a general guardianship can be revoked by the parent.

494

Vice Chair Burdick

Asks about grounds for adoption.

497

Kay

Explains adoption criteria.

TAPE 17, B

044

Kay

Explains the grounds for permanent guardianship.

073

Chair Minnis

Questions the construction of SB 70 and wonders if it could not have been simplified.

081

Kay

Says Legislative Counsel suggested the construction.

087

Taylor

Discusses the complex nature of SB 70.

101

Kay

Explains when this legislation would apply.

136

Chair Minnis

Remarks that the bill is difficult to read and would like to see it re-written.

153

Travis

Offers to help with a rewrite.  Asks for clarification of how it should be constructed.

170

Chair Minnis

Discusses possible methods of construction.

182

Sen. Walker

States that additional clarity of the various guardianships would be helpful.

204

Taylor

Suggests providing definitions in the bill.

217

Sen. Walker

Asks if every county has a Citizen Review Board.

226

Travis

Says it is a part of the Oregon Judicial Department, and they do exist in every county.

248

Taylor

Introduces the -1 amendments to SB 70 (EXHIBIT E).

265

Chair Minnis

Closes the public hearing on SB 70 and opens a public hearing on SB 71.


 

SB 71 – PUBLIC HEARING

280

Lisa Kay

Juvenile Rights Project.  Testifies in support of SB 71 that authorizes service of summons by mail in juvenile dependency proceedings and refers to the report on Service by Mail (EXHIBIT F).

315

Chair Minnis

Asks who is served by summons.

320

Kay

Gives those served.

343

Sen. Walker

Asks for clarification of procedure for service by mail.

353

Kay

Explains that it is a part of the Oregon Rules for Civil Procedure.

375

Sen. Walker

Asks about proceeding when one refuses to sign.

382

Kay

Says there are options when a person refuses to sign for a summons.

417

Sen. Ringo

Wonders about feasibility of mail service.

431

Kay

Agrees that personal service of a summons is preferred.

TAPE 18, B

011

Sen. Ringo

Expresses concern about mail service and the credibility of a signature in a mail summons.

028

Vice Chair Burdick

Asks what remedy would be available if a signature is not accurate.

034

Kay

Explains there may be grounds for setting aside the judgment.

059

Vice Chair Burdick

Expresses concern about the bill.

065

Sen. Ringo

Asks for time to review this legislation further with legal counsel.

080

Kay

Explains that the drafter of this bill was unable to attend the meeting, but would be available for discussion.

085

Chair Minnis

Asks if there are rules regarding the destination of the mail summons.

088

Sen. Ringo

Explains that it is usually the last known address on record with the Department of Motor Vehicles.

104

Chair Minnis

Closes the public hearing on SB 71 and opens a public hearing on SB 72.

SB 72 – PUBLIC HEARING

107

Linda Guss

Assistant Attorney General, Department of Justice.  Testifies in support of SB 72 that modifies provisions dealing with intervention and rights of limited participation in juvenile dependency proceedings and refers to the report on Intervener/Rights of Limited Participation (EXHIBIT G).  Submits -1 amendments (EXHIBIT H).

215

Chair Minnis

Asks for more time to read the bill.

222

Sen. Starr

Asks about the -1 amendments to SB 72.

227

Guss

Explains what the amendments would do.

238

Chair Minnis

Closes the public hearing on SB 72 and adjourns the meeting at 9:55 a.m.

 


 

 

EXHIBIT SUMMARY

 

A – LC 1913, submitted by staff, 1 p

B – SB 68, written report submitted by Oregon Law Commission, 2pp

C – SB 67, written report submitted by Oregon Law Commission, 3 pp

D – SB 70, written report submitted by Oregon Law Commission, 5 pp

E – SB 70, -1 amendments submitted by staff, 1 p

F – SB 71, written report submitted by Oregon Law Commission, 4 pp

G – SB 72, written report submitted by Oregon Law Commission, 4 pp

H – SB 72, -1 amendments submitted by staff, 1 p