SENATE COMMITTEE ON JUDICIARY

 

 

February 11, 2003                                                                                               Hearing Room 343

8:00 AM                                                                                                                         Tapes 23-24

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ted Ferrioli

Sen. Charlie Ringo

Sen. Charles Starr

Sen. Vicki Walker

 

MEMBER EXCUSED:          Sen. Burdick

 

STAFF PRESENT:                 Bill Joseph, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           LC’s 1502, 2221, 2222

                                                SB 136 Public Hearing

                                                SB 101 Public Hearing

                                                SB 86 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 23, A

003

Chair Minnis

Calls the meeting to order at 8:07 a.m.

006

Bill Joseph

Committee Counsel. Introduces LC 1502, 2221 and 2222 (EXHIBITS A-C).

020

Sen. Walker

MOTION:  Moves LC's:  1502, 2221, 2222 BE INTRODUCED as committee bills.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Burdick, Sen. Ferrioli

025

Chair Minnis

Hearing no objection, declares the motion CARRIED.

028

Chair Minnis

Opens a public hearing on SB 136.

SB 136 – PUBLIC HEARING

038

Peter Threlkel

Corporate Division, Secretary of State’s Office.  Submits testimony and testifies in support of SB 136 which permits Secretary of State to cancel or refuse to accept certain wrongful filings under Uniform Commercial Code-Secured Transactions (EXHIBIT D).

106

Bradd Swank

State Court Administrator’s Office.  Testifies as neutral on SB 136 and suggests a small change.


 

133

Chair Minnis

Closes the public hearing on SB 136 and opens a public hearing on SB 101.

SB 101 – PUBLIC HEARING

142

Thomas Castle

Department of Justice.  Testifies in support of SB 101 which allows public servant or public servant’s employer to seek injunction against person engaging in conduct constituting specified crimes.

189

Ted Lorensen

Department of Forestry.  Testifies in support of SB 101.

223

Chair Minnis

Asks about the crimes covered by this bill.

226

Castle

Explains the kinds of crimes.

241

Sen. Ferrioli

Asks if prosecutors will prosecute these crimes.

251

Castle

Says if there is probable cause, they will most likely be prosecuted.

276

Andrea Meyer

American Civil Liberties Union (ACLU).  Testifies in opposition to SB 101.

293

Castle

Explains due process.

305

Chair Minnis

Closes the public hearing on SB 101 and opens a public hearing on SB 86.

SB 86 – PUBLIC HEARING

319

Sen. Charlie Ringo

Senate District 17.  Testifies in support of SB 86 which modifies law that requires award of attorney fees to prevailing plaintiff in certain tort action.

459

Rep. Dennis Richardson

House District 4.  Testifies in support of SB 86.

TAPE 24, A

073

John Powell

Representing State Farm and North Pacific Insurance Companies. Testifies in opposition to SB 86 and introduces Tom Mortland and Steve Murrell.

083

Thomas Mortland

North Pacific Insurance Co.  Submits testimony and testifies in opposition to SB 86 (EXHIBIT E).

154

Sen. Starr

Asks when the $5500 limit was established.

160

Mortland

Responds that it was 1999.

165

Chair Minnis

Asks about previous increases.

169

Powell

Says it has been a long time.

183

Sen. Ringo

Questions some of the statistics on auto damage claims paid.

188

Mortland

Explains the figures.

216

Sen. Ringo

Asks how the 10-day demand letter is handled.

222

Mortland

Discusses the demand letter.

240

Sen. Ringo

Asks about extending the time limit on the demand letter.

244

Mortland

Says it may defeat the purpose of the original statute.

254

Sen. Ringo

Agrees that the time limit on higher-end claims would be appropriate.

264

Steve Murrell

State Farm Insurance Co.  Testifies in opposition to SB 86.

317

Chair Minnis

Asks for examples of those not represented by insurance.

322

Murrell

Explains those who are not.

330

Powell

States that most insurance claims settle promptly.  Addresses what is considered a small claim.

354

Chair Minnis

Asks about capping attorney fees.

358

Powell

Responds that the purpose of this statute was to address only small claims.

368

Sen. Ringo

Wonders how a plaintiff gets justice when an examiner refuses to pay.

380

Powell

Clarifies the system provides options.

393

Sen. Ringo

States his experience with adjustors who deal unfairly with people.

402

Chair Minnis

Asks if there is an appeal process.

405

Mortland

Says there are standards of fairness.

434

John Clements

Safeco Insurance Co.  Submits testimony and testifies in opposition to SB 86 (EXHIBIT F).

TAPE 23, B

069

Sen. Ringo

Asks about medical bills being handled through arbitration.

072

Clements

Explains arbitration of medical bills.

078

Sen. Ringo

Discusses the demand letter and what it must include.

108

Chair Minnis

Talks about response time to a demand letter.

114

Shawn Miller

National Association of Independent Insurers (NAII).  Testifies in opposition to SB 86.

138

Gary Rankin

Allstate Insurance Company.  Testifies in opposition to SB 86. 

226

Sen. Walker

Asks for clarification of suggested changes to the statute.

236

Rankin

Clarifies his suggested changes.

291

Sen. Ringo

Asks if additional documentation would be satisfactory with the increase to $10,000.

294

Rankin

Says, no.

281

Sen. Ringo

Discusses attorney’s fees.

324

Rankin

Wonders about the need for the increase.

341

Bill Sime

Oregon Association of Defense Counsel.  Testifies as neutral on SB 86.  Discusses the history of this legislation.

TAPE 24, B

014

Sen. Ringo

Comments that valid points have been raised.

018

Chair Minnis

Wonders who this statute applies to.

042

Sime

Says this is not a prevailing-party statute.

048

Sen. Ringo

Explains his understanding of the statute.

054

Chair Minnis

Says there are defects in the statute.

074

Sime

Explains his proposed changes.

087

Chair Minnis

Asks if there could be a subsequent claim after the claim has been paid.

092

Sen. Ringo

Explains action on a subsequent claim.

100

Sime

Further clarifies a subsequent claim.

117

Chair Minnis

Closes the public hearing on SB 86 and adjourns the meeting at 9:35 a.m.

 

 

EXHIBIT SUMMARY

 

A – LC 1502, submitted by staff, 2pp

B – LC 2221, submitted by staff, 1p

C – LC 2222, submitted by staff, 7 pp

D – SB 136, written testimony submitted by Peter Threlkel, 2 pp

E – SB 86, written testimony submitted by Thomas Mortland, 2 pp

F – SB 86, written testimony submitted by John Clements, 2 pp