SENATE COMMITTEE ON JUDICIARY

 

 

February 06, 2003   Hearing Room 343

8:00 A.M.    Tapes 19-20

 

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 Joseph, Counsel

                                                Sam Sears, Committee Intern

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:            SB 64 Public Hearing

                                                SB 217 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 19, A

003

Chair Minnis

Calls the meeting to order at 8:10 a.m. and introduces Sam Sears as Judiciary Committee intern.  Announces the informational meeting for Monday.

012

Sen. Ferrioli

Introduces his guest legislative assistant.

030

Chair Minnis

Opens a public hearing on SB 64.

SB 64 – PUBLIC HEARING

036

Warren Deras

Attorney, Multnomah County.  Submits testimony and testifies in support of SB 64 that eliminates intestate share of certain descendants of grandparents of decedents (EXHIBIT A).  Recognizes that the bill is still a work in progress.

088

Deras

Discusses the intention of this legislation.

162

Sen. Ringo

Questions the removal of decendents of grandparents.

172

Deras

Gives examples of what the Division of State Lands does in searching for cousins of a decedent.

227

Sen. Walker

Wonders about “laughing heirs” as described in the staff measure summary.

240

Deras

Describes a “laughing heir.”

269

Sen. Ringo

Asks about the typical sum involved in an estate.

274

Deras

Discusses examples of large estates.

311

Chair Minnis

Asks for history of constitutional amendment that would address the disposition of intestate estates.

323

Deras

Says he has not researched this issue.

404

Deras

Continues his discussion of SB 64.

TAPE 20, A

022

Deras

Talks about the legal applications.

034

Sen. Walker

Asks how expenses are handled.

044

Deras

Explains how expenses are handled.

062

Sen. Walker

Asks if this bill would require repayment by heirs of administrative expenses.

069

Deras

Responds, yes.

090

Deras

Continues his discussion of SB 64.

144

Sen. Walker

Asks if the Division of State Lands is asking for a timeline for settling an estate.

154

Deras

Says the Division of State Lands is asking for the right to administer an estate.

183

Sen. Walker

Asks for additional clarification.

190

Deras

Gives additional explanation.

228

Vice Chair Burdick

Asks about distribution of an estate going to the Common School Fund.

250

Deras

Explains the authority to distribute funds.

279

Bill Joseph

Committee Counsel.  Asks about entitlement.

285

Deras

Explains entitlement period.

310

Deras

Continues his discussion of SB 64.

TAPE 19, B

016

Deras

Continues his discussion of SB 64.

127

Deras

Explains why time of recovery should be reduced from 10 years to 3 years.

246

Deras

Continues his discussion of SB 64.

332

Deras

Talks about changing the statute to provide better identity of collateral heirs.

TAPE 20, B

030

Chair Minnis

Closes the public hearing on SB 64 and opens a public hearing on SB 217 which provides that when Director of Division of State Lands has been appointed personal representative for person who dies intestate and without heirs, director must immediately petition for appointment of successor personal representative if it is determined that no part of estate will escheat to state.

SB 217 – PUBLIC HEARING

033

Chair Minnis

Closes the public hearing on SB 217 and re-opens the public hearing on SB 64.

SB 64 – PUBLIC HEARING

035

Jeannette Holman

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

078

Lisa Joyce

Department of Human Services.  Offers to work with the Division of State Lands in reviewing SB 64.

080

Sen. Ferrioli

Asks if review should include the Oregon Department of Veterans Affairs.

099

Joyce

Replies that they will check with Veterans Affairs.

100

Chair Minnis

Asks staff counsel to assist with a work group.  Closes the public hearing on SB 64.

113

Chair Minnis

Introduces LC 1408 (EXHIBIT C).

118

Vice Chair Burdick

MOTION:  Moves LC 1408 BE INTRODUCED as a committee bill.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

119

Chair Minnis

Hearing no objection, declares the motion CARRIED.

122

Chair Minnis

Adjourns the meeting at 9:45 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 64, written testimony submitted by Warren Deras, 55 pp

B – SB 64, written testimony submitted by Jeannette Holman, 1 p

C – LC 1408, submitted by staff, 5 pp