SENATE COMMITTEE ON JUDICIARY

February 18, 2003 Hearing Room 343

8:00 A.M. Tape 32

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

Jane Bodenweiser, Committee Assistant

MEASURE/ISSUES HEARD: SB 167 Public Hearing and Work Session

SB 71 Work Session

SB 72 Work Session

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 32, A
004	Chair Minnis	Calls the meeting to order at 8:10 a.m. and opens a public hearing on SB 167.
SB 167 PUBLIC HEARING
005	Karen Brazeau	Director, Oregon Youth Authority (OYA). Submits testimony and testifies in support of SB 167 which provides that Oregon Youth Authority is liable for damages to third parties resulting from intentional torts of youth offender who is residing in youth offender foster home certified by authority (EXHIBIT A).
024	Chair Minnis	Asks if the existing statutory structure has created any problems.
025	Brazeau	Says, no.
036	Bill Taylor	Committee Counsel. Explains the content of the bill.
059	Vice Chair Burdick	Believes that this legislation clarifies the statute.
080	Sen. Ringo	Agrees that this legislation clarifies an ambiguity.
090	Chair Minnis	Closes the public hearing on SB 167 and opens a work session.

SB 167 WORK SESSION
092	Vice Chair Burdick	MOTION: Moves SB 167 to the floor with a DO PASS recommendation.
		VOTE: 6-0
095	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. BURDICK will lead discussion on the floor.
101	Chair Minnis	Closes the work session on SB 167 and opens a work session on SB 71.
SB 71 WORK SESSION
102	Bill Taylor	Committee Counsel. Explains SB 71 authorizes service of summons by mail in juvenile dependency proceedings.
110	Sen. Ringo	Discusses allowing service by mail, says it is probably less reliable than a process server.
141	Ted Neese	Oregon Law Commission. Explains that this bill will bring the service requirements into line with what is permitted by Oregon Rules of Civil Procedure.
184	Sen. Ringo	MOTION: Moves SB 71 to the floor with a DO PASS recommendation.
		VOTE: 6-0
187	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor.
191	Chair Minnis	Closes the work session on SB 71 and opens a work session on SB 72.
SB 72 WORK SESSION
192	Taylor	Introduces SB 72 that modifies provisions dealing with intervention and rights of limited participation in juvenile dependency proceedings. Says there are -1 amendments (EXHIBIT B).
209	Vice Chair Burdick	MOTION: Moves to ADOPT SB 72-1 amendments dated 01/30/03.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ringo
212	Chair Minnis	Hearing no objection, declares the motion CARRIED.
214	Vice Chair Burdick	MOTION: Moves SB 72 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ringo
218	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
223	Chair Minnis	Closes the work session on SB 72 and adjourns the meeting at 8:25 a.m.

EXHIBIT SUMMARY

A – SB 167, written testimony submitted by Karen Brazeau, 1 p

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