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