SENATE COMMITTEE ON JUDICIARY

April 16, 2003 Hearing Room 343

8:00 a.m. Tapes 98-99

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

Jane Bodenweiser, Committee Assistant

MEASURE/ISSUES HEARD: SB 14 Work Session

SB 17 Work Session

SB 38 Work Session

SB 194 Work Session

SB 553 Work Session

SB 618 Work Session

SB 64 Work Session

SB 217 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 98, A
003	Chair Minnis	Calls the meeting to order at 8:15 a.m. and opens a work session on SB 14.
SB 14 WORK SESSION
008	Bill Joseph	Committee Counsel. Introduces SB 14 that reduces period for retention of state records about child abuse, and the -1 amendments (EXHIBIT A).
055	Sen. Ferrioli	Says there is a need for clear authority for the retention of these records.
088	Sen. Ferrioli	MOTION: Moves to ADOPT SB 14-1 amendments dated 4/1/03.
		VOTE: 6-0
090	Chair Minnis	Hearing no objection, declares the motion CARRIED.
092	Sen. Ferrioli	MOTION: Moves SB 14 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 6-0
095	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. FERRIOLI will lead discussion on the floor.
095	Chair Minnis	Closes the work session on SB 14 and opens a work session on SB 17.
SB 17 WORK SESSION
102	Bill Joseph	Committee Counsel. Introduces SB 17 that makes public bodies and officer, employee and agents of public bodies subject to action under Title II of Americans with Disabilities Act, and the -3 amendments (EXHIBIT B).
135	Sen. Ferrioli	MOTION: Moves to ADOPT SB 17-3 amendments dated 4/14/03.
		VOTE: 6-0
136	Chair Minnis	Hearing no objection, declares the motion CARRIED.
137	Sen. Ferrioli	MOTION: Moves SB 17 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 6-0
141	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. CHARLES STARR will lead discussion on the floor.
142	Chair Minnis	Closes the work session on SB 17 and opens a work session on SB 38.
SB 38 WORK SESSION
149	Bill Joseph	Committee Counsel. Introduces SB 38 that specifies circumstances giving Oregon courts jurisdiction in adoption proceedings, and the -1 amendments (EXHIBIT C).
155	Sen. Walker	Discusses the work group that came up with the -1 amendments.
183	Robin Pope	Oregon State Bar Family Law Section. Submits testimony and testifies in support of SB 38 (EXHIBIT D). Discusses what is being done through this legislation.
202	Vice Chair Burdick	MOTION: Moves to ADOPT SB 38-1 amendments dated 4/4/03.
		VOTE: 6-0
210	Chair Minnis	Hearing no objection, declares the motion CARRIED.
218	Vice Chair Burdick	MOTION: Moves SB 38 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 6-0
225	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
228	Chair Minnis	Closes the work session on SB 38 and opens a work session on SB 194.
SB 194 WORK SESSION
232	Bill Joseph	Committee Counsel. Introduces SB 194 that revises securities law.
265	Vice Chair Burdick	MOTION: Moves SB 194 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.
		VOTE: 6-0
272	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
276	Chair Minnis	Closes the work session on SB 194 and opens a work session on SB 553.
SB 553 WORK SESSION
280	Bill Joseph	Committee Counsel. Introduces SB 553 that requires each person 16 years of age or older who resides in dwelling of family applying to serve as host family for foreign exchange student to make declaration that person has never been convicted of certain crimes.
293	Sen. Walker	Explains the -4 amendments to SB 553 (EXHIBIT E).
372	Chair Minnis	Asks how registration with the Secretary of State’s office is going to be paid.
375	Sen. Walker	Says it will be absorbed within the agency.
409	Joseph	Discusses the fiscal on previous amendments and understands that the fiscal on the -4 amendments will be the same.
433	Vice Chair Burdick	MOTION: Moves to ADOPT SB 553-4 amendments dated 4/15/03.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ringo
438	Chair Minnis	Hearing no objection, declares the motion CARRIED.
453	Vice Chair Burdick	MOTION: Moves SB 553 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Joint Ways and Means BE RESCINDED.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ringo
284	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
491	Chair Minnis	Closes the work session on SB 553 and opens a work session on SB 618.
SB 618 WORK SESSION
TAPE 99, A
028	Dr. Ted Falk	Provides a written explanation of SB 618 that modifies laws relating to genetic privacy (EXHIBIT F) and discusses the -2 amendments (EXHIBIT G).
108	Sen. Ferrioli	MOTION: Moves to ADOPT SB 618-2 amendments dated 3/26/03.
		VOTE: 6-0
114	Chair Minnis	Hearing no objection, declares the motion CARRIED.
115	Vice Chair Burdick	MOTION: Moves SB 618 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 6-0
118	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor.
131	Chair Minnis	Closes the work session on SB 618 and opens a work session on SB 64 and SB 217.
SB 64 and SB 217 WORK SESSION
132	Warren Deras	Oregon Division of State Lands. Says that SB 64 is a technical bill and that the -2 amendments move the scope of heirship issue to SB 217(EXHIBIT H). Suggests further amendments to both SB 64 and SB 217.
178	Matt Markee	Has objections to the limitation on family members who could become heirs, and the fee limitations. Believes these differences can be resolved.
203	Chair Minnis	Asks what the typical fee would be.
205	Markee	Explains the fee structure of his firm.
221	Chair Minnis	Asks how the heir search firms get their information.
224	Markee	Explains how they do business.
234	Chair Minnis	Asks if this industry is regulated by a state agency.
236	Markee	Says, not that he is aware of.
239	Sen. Ringo	Asks how a search firm knows to send someone a letter.
244	Mark Holady	Attorney, Beaverton, OR. Explains the procedures used.
260	Sen. Ringo	Asks if the probate records would show potential heirs.
266	Holady	Says, yes.
321	Deras	Discusses the cost of searches overseas. Describes the two areas in which heirship search firms work (escheat and unclaimed property).
395	Sen. Walker	Asks for clarification of the fee regulations in other states.
403	Deras	Explains they are for property claim cases only.
413	Markee	Says he is not aware of any state that regulates fees on escheat cases.
432	Chair Minnis	Asks if contracts are constructed to receive at least a minimum payment.
438	Markee	Says his firm receives no funds unless the heir receives funds.
468	Holady	Talks about being requested by judges to research a case.
513	Chair Minnis	Asks if a judge can alter a fee.
515	Holady	Says he does not believe so.
TAPE 98, B
053	Bill Joseph	Committee Counsel. Talks about fees, and what is reasonable.
068	Markee	Says there are many companies that do searches and it is competitive.
072	Deras	Says there is a broad range of negotiation.
111	Sen. Ferrioli	Asks if a person couldn’t take a pro-active approach to the heirship search.
117	Holady	Says there is a website.
132	Chair Minnis	Closes the work session on SB 64 and SB 217 and adjourns the meeting at 9:20 a.m.

EXHIBIT SUMMARY

A – SB 14, -1 amendments submitted by staff, 1 p

B – SB 17, -3 amendments submitted by staff, 4 pp

C – SB 38, -1 amendments submitted by staff, 5 pp

D – SB 38, written testimony submitted by Robin Pope, 2 pp

E – SB 553, -4 amendments submitted by staff, 6 pp

F – SB 618, written testimony submitted by Ted Falk, 1 p

G – SB 618, -2 amendments submitted by staff, 2 pp

H – SB 64, -2 amendments submitted by staff, 8 pp