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