SENATE COMMITTEE ON JUDICIARY

April 22, 2003 Hearing Room 343

8:00 a.m. Tapes 104-105

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

Bill Joseph, Counsel

Jane Bodenweiser, Committee Assistant

MEASURE/ISSUES HEARD: HB 2047A Public Hearing and Work Session

HB 2091A Public Hearing and Work Session

HB 2050A Public Hearing and Work Session

HB 2110A Public Hearing

SB 356 Work Session

SB 611 Work Session

HB 2272A Public Hearing and Work Session

HB 2274A Public Hearing and 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 104, A
004	Chair Minnis	Calls the meeting to order at 8:15 a.m. and opens a public hearing on HB 2047A.
HB 2047A PUBLIC HEARING
010	Karen Steele	Attorney for Mexican Consulate, Portland, OR. Testifies as neutral on HB 2047A that requires peace officers to notify detained foreign nationals of detainees’ right to communicate with consulate under Vienna Convention on Consular Relations. Says approval from the Mexican government is pending.
034	Pete Shepherd	Deputy Attorney General. Testifies in support of HB 2047A.
071	Chair Minnis	Expresses a desire to move the bill given the time crunch.
090	Shepherd	Says the work group’s efforts will continue.
122	Vice Chair Burdick	Believes it is a good thing to have the work group continue, but sees no reason to hold up the bill.
125	Chair Minnis	Closes the public hearing on HB 2047A and opens a work session.
HB 2047A WORK SESSION
128	Vice Chair Burdick	MOTION: Moves HB 2047A to the floor with a DO PASS recommendation.
		VOTE: 4-0-2 EXCUSED: 2 - Sen. Walker, Sen. Ferrioli
133	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. MINNIS will lead discussion on the floor.
134	Chair Minnis	Closes the work session on HB 2047A and opens a public hearing on HB 2091A.
HB 2091A PUBLIC HEARING
139	Karen Steele	Attorney for Mexican Consulate, Portland, OR. Testifies as neutral on HB 2091A.
150	Timothy Travis	Oregon Judicial Department. Testifies in support of HB 2091A that conforms Oregon law to Vienna Convention on Consular Relations.
180	Chair Minnis	Asks about the timing of the service of the petition.
183	Travis	Says the normal law of service allows for delays.
188	Chair Minnis	Closes the public hearing on HB 2091A and opens a work session.
HB 2091A WORK SESSION
197	Bill Taylor	Committee Counsel. Explains that this bill is already the law of the land.
208	Vice Chair Burdick	MOTION: Moves HB 2091A to the floor with a DO PASS recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ferrioli
215	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. GORDLY will lead discussion on the floor.
225	Chair Minnis	Closes the work session on HB 2091A and opens a public hearing on HB 2050A.
HB 2050A PUBLIC HEARING
229	Walt Beglau	Oregon District Attorneys’ Association. Testifies in support of HB 2050A that expands definition of abuse for purposes of child abuse reporting.
271	Vice Chair Burdick	Believes there was an enhancement of penalties during the last session.
279	Sen. Walker	Agrees that there was extensive work done last session on this issue.
289	Rep. Bob Jensen	House District 58. Testifies in support of HB 2050A and introduces the –A2 amendments (EXHIBIT A).
320	Chair Minnis	Closes the public hearing on HB 2050A and opens a work session.
HB 2050A WORK SESSION
353	Vice Chair Burdick	Asks counsel if there would be any problems with other statutes.
358	Bill Taylor	Committee Counsel. Says, no.
359	Sen. Ringo	Asks where we go with the reporting requirement.
373	Chair Minnis	Discusses those who currently are required to report.
410	Vice Chair Burdick	MOTION: Moves to ADOPT HB 2050A-A2 amendments dated 3/18/03.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ferrioli
414	Chair Minnis	Hearing no objection, declares the motion CARRIED.
415	Vice Chair Burdick	MOTION: Moves HB 2050A to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ferrioli
420	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. BURDICK will lead discussion on the floor.
429	Chair Minnis	Closes the work session on HB 2050A and opens a public hearing on HB 2110A.
HB 2110A PUBLIC HEARING
445	Ronelle Shankle	Department of Justice. Submits testimony and testifies in support of HB 2110A that modifies application of definitions (EXHIBIT B). Reviews the bill by section. Introduces a summary of the –A6 amendments (EXHIBIT C). Says the –A8 amendments are a combination of the Department of Justice and the Bureau of Labor and Industry (EXHIBIT D).
TAPE 105, A
084	Sen. Ringo	Asks if the Family Law Section of the Oregon State Bar did any work on these amendments.
087	Shankle	Says, yes, and that their position is neutral on the amendments.
097	Marcia Ohlemiller	Bureau of Labor and Industries. Submits testimony and testifies in support of HB 2110A and the –A6 and –A8 amendments (EXHIBIT E).
142	Greg Warnock	Oregon Veteran’s Association. Testifies in support of HB 2110A and suggests additional amendments.
162	Dennis Hooyman	Oregon Veterans Association. Introduces the –A9 amendments to HB 2110A (EXHIBIT F). Explains what the –A9 amendments are addressing.
205	Chair Minnis	Asks for clarification of the problem that is being addressed by the –A9 amendments.
215	Hooyman	Talks about the social security benefit to disabled veterans and how unfairly it is calculated.
236	Sen. Ringo	Asks for clarification of the social security benefit to children.
240	Hooyman	Explains that the benefit is being paid directly to the custodial parent, but the veteran is not getting full credit for those payments because they do not go through the Department of Human Services.
291	Warnock	Explains that disabled veterans are not getting the credit they should have. Says the –A9 amendments, page 6 line 26 addresse this concern.
368	Sen. Walker	Asks about the educational benefit to children of 100% disabled veterans.
373	Warnock	Explains that it is a benefit paid on behalf of the disabled veteran for which the veteran is currently not getting credit.
400	Hooyman	Says the current wording specifically excludes credit to disabled veterans.
386	John Roche	Beaverton, OR. Discusses social security benefits.
468	Sen. Ringo	Asks where the opposition is on this issue.
471	Chair Minnis	Says it is the Department of Justice that opposes this issue.
TAPE 104,B
029	Shankle	Explains the opposition to the –A9 amendments.
071	Vice Chair Burdick	Asks why only partial credit is allowed on social security benefits.
074	Shankle	Says at the time it was current policy.
080	Vice Chair Burdick	Says it makes no sense that only partial credit is allowed.
087	Shankle	Explains that the issue of partial payment is not what the Department of Justice objects to. Explains the objections.
102	Chair Minnis	Believes that these are judicial decisions.
107	Sen. Ringo	Explains how a support amount is derived and that there is judicial discretion; however, thinks there should still be full credit allowed.
123	Shankle	Explains time did not permit a total review of the –A9 amendments.
133	Sen. Ringo	Says these other concerns should not get in the way of the dollar for dollar offset
136	Shankle	Says that it is a policy decision for the committee.
140	Sen. Walker	Explains that this has been an issue since 1999 and wonders why something has not been done sooner.
147	Shankle	Explains that progress is being made.
160	Chair Minnis	Closes the public hearing on HB 2110A and opens a work session on SB 356.
SB 356 WORK SESSION
165	Vice Chair Burdick	MOTION: Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on SB 356.
		VOTE: 6-0
168	Chair Minnis	Hearing no objection, declares the motion CARRIED.
178	Vice Chair Burdick	MOTION: Moves to RECONSIDER the vote by which SB 356 was sent to the floor with a DO PASS recommendation.
		VOTE: 6-0
180	Chair Minnis	Hearing no objection, declares the motion CARRIED.

185	Vice Chair Burdick	MOTION: Moves SB 356 to the floor with a DO PASS recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.
		VOTE: 6-0
188	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. CORCORAN will lead discussion on the floor.
190	Chair Minnis	Closes the work session on SB 356 and opens a work session on SB 611.
SB 611 WORK SESSION
209	Bill Joseph	Committee Counsel. Introduces SB 611 that imposes pleading requirements for claim against architect, registered landscape architect, professional engineer or professional land surveyor if claim arises out of provision of services within course and scope of activities for which person is licensed and the -4 amendments (EXHIBIT G).
251	Sen. Ringo	Expresses his support of SB 611 as amended.
366	Sen. Ringo	MOTION: Moves to ADOPT SB 611-4 amendments dated 4/17/03.
		VOTE: 6-0
278	Chair Minnis	Hearing no objection, declares the motion CARRIED.
282	Vice Chair Burdick	MOTION: Moves SB 611 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 6-0
285	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor.
289	Chair Minnis	Closes the work session on SB 611 and opens a public hearing on HB 2272A.
HB 2272A PUBLIC HEARING
308	Michael Livingston	Submits testimony and testifies in support of HB 2272A (EXHIBIT H). Explains the –A2 amendments (EXHIBIT I) and the –A5 amendments (EXHIBIT J).
378	Chair Minnis	Closes the public hearing on HB 2272A and opens a work session.
HB 2272A WORK SESSION
383	Sen. Ringo	MOTION: Moves to ADOPT HB 2272A-A2 amendments dated 3/18/03.
		VOTE: 5-0-1 EXCUSED: 1 – Sen. Burdick
396	Chair Minnis	Hearing no objection, declares the motion CARRIED.
397	Sen. Ringo	MOTION: Moves to ADOPT HB 2272A-A5 amendments dated 4/21/03.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Burdick
398	Chair Minnis	Hearing no objection, declares the motion CARRIED.

400	Sen. Ringo	MOTION: Moves HB 2272A to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Burdick
402	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
411	Chair Minnis	Closes the work session on HB 2272A and opens a public hearing on HB 2274A.
HB 2274A PUBLIC HEARING
419	Dave Heyndrickx	Legislative Counsel. Introduces HB 2274A that revises laws governing garnishments. Submits a summary report (EXHIBIT K).
TAPE 105, B
020	Sen. Walker	Asks if bankruptcy exemptions were addressed in this rewrite.
027	Heyndrickx	Says, no. Explains that the work group will continue its work.
041	Chair Minnis	Closes the public hearing on HB 2274A and opens a work session.
HB 2274A WORK SESSION
043	Sen. Ringo	MOTION: Moves HB 2274A to the floor with a DO PASS recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Burdick
057	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
060	Chair Minnis	Closes the work session on HB 2274A and adjourns the meeting at 9:45 a.m.

EXHIBIT SUMMARY

A – HB 2050A, -A2 amendments submitted by staff, 1 p

B – HB 2110A, written testimony submitted by Ronelle Shankle, 3 pp

C – HB 2110A, written testimony submitted by Ronelle Shankle, 1 p

D – HB 2110A, -A8 amendments submitted by staff, 19 pp

E– HB 2110A, written testimony submitted by Marcia Ohlemiller, 1 p

F – HB 2110A, -A9 amendments submitted by staff, 8 pp

G – SB 611, -4 amendments submitted by staff, 3 pp

H– HB 2272A, written testimony submitted by Michael Livingston, 3 pp

I– HB 2272A, -A2 amendments submitted by staff, 1 p

J – HB 2272A, -A5 amendments submitted by staff, 2 pp

K – HB 2274A, Summary report submitted by Dave Heynderickx, 17 pp