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