SENATE COMMITTEE ON JUDICIARY

 

 

April 21, 2003                                                                                                      Hearing Room 343

8:00 a.m.                                                                                                                     Tapes 102-103

 

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

                                                Craig Prins, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           HB 2061A Public Hearing and Work Session

                                                HB 2054 Public Hearing and Work Session

                                                HB 2087 Public Hearing and Work Session

                                                HB 2269A Public Hearing and Work Session

HB 2049A 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 102, A

003

Chair Minnis

Calls the meeting to order at 8:15 a.m. as a sub-committee and opens a public hearing on HB 2061A.

HB 2061A PUBLIC HEARING

007

Rich Parker

Attorney, Portland, OR.  Submits testimony and testifies in support of HB 2061A that modifies law relating to property that is exempt from execution for purpose of application against debt (EXHIBIT A).

019

Sen. Ringo

Asks for clarification of the technical corrections.

026

Parker

Explains where the technical corrections are found in the bill.

048

Chair Minnis

Closes the public hearing on HB 2061A and opens a public hearing on HB 2054.

HB 2054 PUBLIC HEARING

058

Jim Markee

Oregon Collectors Association. Testifies in support of HB 2054 that allows registered collection agency to appear as party in small claims proceedings without appearance by attorney for purpose of recovering amount owing on claim or account assigned to agency for collection.

089

Chair Minnis

Asks if the Oregon State Bar agrees with this bill.

091

Markee

Says, yes.

092

Sen. Ringo

Asks about small claim court issues.

098

Markee

Says the majority of claims are defaults.

116

Chair Minnis

Closes the public hearing on HB 2054 and opens a work session.

HB 2054 WORK SESSION

119

Vice Chair Burdick

MOTION:  Moves HB 2054 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Walker, Sen. Ferrioli

122

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. STARR will lead discussion on the floor.

124

Chair Minnis

Closes the work session on HB 2054 and opens a work session on HB 2061A.

HB 2061A WORK SESSION

128

Bill Joseph

Committee Counsel.  Reviews HB 2061A that modifies law relating to property that is exempt from execution for purpose of application against debt.

155

Vice Chair Burdick

Asks about the wild card exemption.

157

Sen. Ringo

Explains how the wild card exemption is used.

188

Vice Chair Burdick

MOTION:  Moves HB 2061A to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Walker, Sen. Ferrioli

192

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

199

Chair Minnis

Closes the work session on HB 2061A and opens a public hearing on HB 2087.

HB 2087 PUBLIC HEARING

201

Craig Prins

Committee Counsel. Introduces HB 2087 that modifies procedures for promulgation, amendment or repeal of rule of civil procedure by Council on Court Procedures.

206

Stuart Brown

Oregon State Bar.  Submits testimony and testifies in support of HB 2087 (EXHIBIT B).

239

Chair Minnis

Asks about the rules timeline.

246

Brown

Explains the procedure.

255

Chair Minnis

Closes the public hearing on HB 2087 and opens a work session.

HB 2087 WORK SESSION

258

Vice Chair Burdick

MOTION:  Moves HB 2087 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Walker, Sen. Ferrioli

262

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.


 

276

Chair Minnis

Closes the work session on HB 2087 and opens a public hearing on HB 2269A.

HB 2269A PUBLIC HEARING

280

Craig Prins

Committee Counsel.  Introduces HB 2269A that establishes rules governing operation of non-testamentary trusts.

283

Chris Cline

Oregon State Bar.  Submits testimony and testifies in support of HB 2269A (EXHIBIT C).

321

Chair Minnis

Asks for a section-by-section review of the bill.

329

Cline

Explains the bill by section.  Explains that it makes the laws on wills and trusts consistent.

359

Vice Chair Burdick

Asks about the continuation of a gift as part of the property settlement.

368

Cline

Says this bill would not interfere with that. Discusses the remainder of the sections.

445

Vice Chair Burdick

Asks about childrens’ inheritance.

450

Cline

Explains how the children are treated within a trust.

TAPE 103, A

010

Vice Chair Burdick

Asks about splitting an inheritance between children.

018

Cline

Clarifies how the inheritance would be shared. Continues discussing the remaining sections of the bill.

108

Chair Minnis

Closes the public hearing on HB 2269A and opens a work session.

HB 2269A WORK SESSION

110

Vice Chair Burdick

MOTION:  Moves HB 2269A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Walker

114

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. MINNIS will lead discussion on the floor.

121

Chair Minnis

Closes the work session on HB 2269A and recesses the meeting at 8:50 a.m.

123

Chair Minnis

Reconvenes the meeting at 9:04 a.m. as a sub-committee and opens a public hearing on HB 2049A.

HB 2049A PUBLIC HEARING

126

Bill Joseph

Committee Counsel. Introduces HB 2049A that requires that motion to amend pleading to assert claim for punitive damages be filed and served not less than 60 days before date set for trial, and testifies in support of the bill on behalf of Bullivant, Houser, Bailey law firm.

175

Sen. Ringo

Wonders about postponements.

178

Joseph

Explains that a court can always postpone the trial date.

192

Sen. Ringo

Expresses concern about the notice of claim for punitive damages.

208

Joseph

Responds that this concern was not discussed in the House.

230

Sen. Ringo

Believes that a motion to amend could be denied.

234

Chair Minnis

Discusses his understanding of the bill regarding punitive damages.

245

Sen. Ringo

Reviews the process previously followed.

287

Joseph

Says there is no limitation in the statute to bringing a motion to amend for punitive damages.

330

Vice Chair Burdick

Asks if most discovery is complete before the 60-day time period.

332

Joseph

Says, yes.

333

Vice Chair Burdick

Asks about new evidence introduced on discovery.

345

Joseph

Explains that there is a provision in the bill that would allow the courts to modify the dates.

394

Vice Chair Burdick

Asks if the deadline might inadvertently create an incentive to tack on punitive damages.

400

Joseph

Says the motion to amend requires a showing.

419

Chair Minnis

Asks if there is a limitation to how many times you can amend a motion.

432

Joseph

Explains there are potentially two opportunities to amend a motion.

TAPE 102, B

023

Sen. Ringo

Expresses his belief that the 60 days is too much time.

053

Chair Minnis

Asks why a motion should not come up during trial.

071

Sen. Ringo

Discusses the difficulties involved.

082

Vice Chair Burdick

Asks why the number of days was increased.

083

Chair Minnis

Explains that it coincides with the motion for summary judgment.

125

Sen. Walker

Asks if this bill prevents amendment of pleadings at trial.

132

Joseph

Says, no.

151

Chair Minnis

Asks about the ability to appeal.

156

Joseph

Says there would be two opportunities to appeal.

180

Vice Chair Burdick

Expresses a concern with what the bill is trying to do.

189

Joseph

Discusses punitive damages.

202

Chair Minnis

Wonders if it is unfair that punitive damages can be amended into a complaint at the last minute.

205

Sen. Ringo

Explains that if it were unfair, the judge would deny the motion.

218

Susan Grabe

Oregon State Bar.  Explains where the savings clause language came from.

226

Sen. Ringo

Asks for more time to consider the bill.

230

Joseph

Says he would be happy to work with Sen. Ringo and Sen. Burdick on their concerns.

263

Chair Minnis

Closes the public hearing on HB 2049A and adjourns the meeting at 9:40 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2061A, written testimony submitted by Rich Parker, 1 p

B – HB 2087, written testimony submitted by Stuart Brown, 1 p

C – HB 2269A, written testimony submitted by Christopher Cline, 1 p