SENATE COMMITTEE ON JUDICIARY

 

 

April 24, 2003                                                                                                      Hearing Room 343

8:00 a.m.                                                                                                                     Tapes 108-109

 

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:                 Craig Prins, Counsel

                                                Bill Joseph, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           SB 887 Public Hearing and Work Session

                                                HB 2277 Public Hearing and Work Session

                                                HB 2645 Public Hearing and Work Session                                                                                      HB 2263A Public Hearing and Work Session

                                                HB 2262 Public Hearing and Work Session

                                                HB 2332 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 108, A

003

Vice Chair Burdick

Calls the meeting to order at 8:10 a.m. and opens a public hearing on SB 887.

SB 887 PUBLIC HEARING

009

Craig Prins

Committee Counsel.  Introduces SB 887 that provides for affirmative defense of mental disease or defect in juvenile delinquency proceedings, and the -1 amendments (EXHIBIT A).

042

Sen. Kate Brown

Senate District 21.  Introduces David Kenagy.

045

David Kenagy

Executive Director, Oregon Law Commission.  Testifies in support of SB 887.

094

Sen. Brown

Testifies in support of SB 887.  Asks that this legislation be moved out of committee to Ways and Means.

179

Kathy Berger

Juvenile Rights Project.  Submits testimony and testifies in support of SB 887 (EXHIBIT B).


 

285

Amy Holmes Hehn

Multnomah County Deputy District Attorney. Testifies in support of SB 887.

311

Sen. Walker

Asks about a right of defense that has been on the books since 1976.

320

Berger

Responds that she has asserted the referenced defense several times and explains how it is used.

366

Holmes Hehn

Explains that this bill will not result in a huge number of additional youths asserting the defense.

400

Sen. Walker

Asks about youths that continue into adult crimes.

338

Holmes Hehn

Replies that she is not aware of such circumstances. Continues testimony.

TAPE 109, A

019

Mary Claire Buckley

Psychiatric Review Board.  Testifies in support of SB 887.  Explains how the board would function under this proposed legislation.

093

Craig Prins

Committee Counsel.  Asks how the bill addresses victims’ rights and registration.

097

Buckley

Explains notification procedures.

103

Holmes Hehn

Explains when registration would be required.

113

Carrie Rasmussen

Marion County Juvenile Department.  Testifies in opposition to SB 887 because of the fiscal issue.

188

Vice Chair Burdick

Asks for verification that the primary objection is the fiscal impact.

190

Rasmussen

Replies, yes.

193

Susan Russell

Oregon Criminal Defense Lawyers Association. Testifies in support of SB 887.

209

Angela Kimble

Private citizen. Testifies in support of SB 887.  Tells her personal story of having a son with bi-polar disease.

300

Vice Chair Burdick

Closes the public hearing on SB 887 and opens a work session.

SB 887 WORK SESSION

303

Sen. Walker

MOTION:  Moves to ADOPT SB 887-1 amendments dated 4/22/03.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Minnis, Sen. Ferrioli

307

Vice Chair Burdick

Hearing no objection, declares the motion CARRIED.

312

Sen. Walker

MOTION:  Moves SB 887 to the committee on WAYS and MEANS with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Minnis, Sen. Ferrioli

333

Vice Chair Burdick

Hearing no objection, declares the motion CARRIED.

347

Vice Chair Burdick

Closes the work session on SB 887 and calls for a brief recess at 9:10 a.m.


 

TAPE 108, B

001

Vice Chair Burdick

Reconvenes the meeting at 9:10 a.m. and opens public hearing on HB 2277 and HB 2645.

HB 2277 and HB 2645 PUBLIC HEARINGS

007

Bill Joseph

Committee Counsel. Introduces HB 2277 that requires party in certain domestic relations proceedings, or entity providing support enforcement services in certain cases, to state in pleadings or notices whether another support proceeding is pending involving child and whether support order exists involving child, and HB 2645 that provides requirements for enforcement, modification or setting aside of child support judgments.

022

Wendy Johnson

Oregon Law Commission.  Submits testimony and testifies in support of 2277 and HB 2645 (EXHIBITS C & D).

032

Sandra Hansberger

Oregon Law Commission. Testifies in support of HB 2277 and HB 2645.  Explains that these are companion bills that address conflicting multiple child support orders.

066

Ronelle Shankle

Department of Justice.  Submits testimony and testifies in support of HB 2277 and HB 2645 (EXHIBITS E & F).

088

Sen. Ringo

Asks if this is the process that is used in other states.

090

Shankle

Explains that it is a combination of elements from multiple states.

107

Sen. Ringo

Asks about the problem with multiple support orders.

113

Shankle

Explains that sometimes it is not clear that there is an existing order.

134

Sen. Ringo

Asks if there would be an awareness of this legislation as a new law.

128

Shankle

Believes that there would be.

150

Vice Chair Burdick

Closes the public hearings on HB 2277 and HB 2645 and opens a work session on HB 2277.

HB 2277 WORK SESSION

154

Sen. Ringo

MOTION:  Moves HB 2277 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Walker, Sen. Minnis

158

Vice Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

159

Vice Chair Burdick

Closes the work session on HB 2277 and opens a work session on HB 2645.

HB 2645 WORK SESSION

160

Sen. Ringo

MOTION:  Moves HB 2645 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Walker, Sen. Minnis

164

Vice Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.


 

168

Vice Chair Burdick

Closes the work session on HB 2645 and opens a public hearing on HB 2263A.

HB 2263A PUBLIC HEARING

171

Bill Joseph

Committee Counsel.  Introduces HB 2263A that prohibits issuance of hardship permits to persons whose driving privileges are suspended for failure to appear, pay fine or obey order of court.

192

Kelly Taylor

Department of Transportation. Submits testimony and testifies in support of HB 2263A (EXHIBIT G).

214

Sen. Ringo

States that he thinks this bill will encourage people to drive without a license.

217

Taylor

Says that most people do pay their fines before the 60-day expiration.

231

Sen. Ringo

Asks who may get a hardship permit.

233

Taylor

Says anyone is eligible under this type of suspension.

247

Joseph

Asks if picking up children is part of the hardship permit process.

252

Taylor

Says it does not quality as a hardship.

256

Sen. Ringo

Expresses his concerns with the bill.

271

Taylor

Explains the purpose of the hardship permit.

286

Sen. Ringo

Feels that this legislation may not take care of the problem.

304

Vice Chair Burdick

Closes the public hearing on HB 2263A and opens a public hearing on HB 2262.

HB 2262 PUBLIC HEARING

311

Rep. Bob Jensen

House District 58.  Testifies in support of HB 2262 that clarifies circumstances under which Department of Transportation may immediately suspend driving privileges of person who causes or contributes to accident that results in death.

453

Kelly Taylor

Department of Transportation. Submits testimony and testifies in support of HB 2262 (EXHIBIT H).

508

Vice Chair Burdick

Closes the public hearing on HB 2262 and opens a work session.

TAPE 109, B

HB 2262 WORK SESSION

031

Sen. Ringo

MOTION:  Moves HB 2262 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Walker, Sen. Minnis

034

Vice Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

038

Vice Chair Burdick

Closes the work session on HB 2262 and opens a work session on HB 2263A.

HB 2263A WORK SESSION

040

Sen. Ringo

MOTION:  Moves HB 2263A to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Walker, Sen. Minnis

044

Vice Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

047

Vice Chair Burdick

Closes the work session on HB 2263A and opens a public hearing on HB 2332.

HB 2332 PUBLIC HEARING

049

Craig Prins

Committee Counsel.  Introduces HB 2332 that allows obligor and obligee to elect to have support payments electronically transferred to licensed escrow agent.

065

Ronelle Shankle

Department of Justice.  Submits testimony and testifies in support of HB 2332 (EXHIBIT I).

079

Prins

Asks for clarification of Section 2 of the bill.

087

Shankle

Explains how the referral system works.

098

Vice Chair Burdick

Closes the public hearing on HB 2332 and opens a work session.

HB 2332 WORK SESSION

101

Sen. Starr

MOTION:  Moves HB 2332 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Walker, Sen. Minnis

106

Vice Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. C. STARR will lead discussion on the floor.

113

Vice Chair Burdick

Closes the work session on HB 2332 and adjourns the meeting at 9:45 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 887, -1 amendments submitted by staff, 18 pp

B – SB 887, written testimony submitted by Kathy Berger, 10 pp

C – SB  2277, written testimony submitted by Wendy Johnson, 7 pp

D – SB 2645, written testimony submitted by Wendy Johnson, 12 pp       

E – SB 2277, written testimony submitted by Ronelle Shankle, 2 pp

F – SB 2645, written testimony submitted by Ronelle Shankle, 5 pp

G – SB 2263A, written testimony submitted by Kelly Taylor, 1 p

H – HB 2262, written testimony submitted by Kelly Taylor, 1 p

I – HB 2332, written testimony submitted by Ronelle Shankle, 2 pp

J – SB 887, written testimony of Skip Klarquist submitted by staff, 1 p

K – SB 887, written testimony of Bob Joondeph submitted by staff, 1 p