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