SENATE COMMITTEE ON JUDICIARY

May 01, 2003 Hearing Room 343

8:00 AM Tapes 116-117

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 2761A Public Hearing and Work Session

HB 2057A Public Hearing and Work Session

HB 2059A Public Hearing and Work Session

HB 2060A Public Hearing and Work Session

HB 2150A Public Hearing

HB 2086A 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 116, A
004	Chair Minnis	Calls the meeting to order at 8:08 a.m. and opens a public hearing on HB 2761A.
HB 2761A PUBLIC HEARING
008	Bill Joseph	Committee Counsel. Introduces HB 2761A that clarifies that notice of appeal must be filed within 30 days after decision on motion for new trial or for judgment notwithstanding verdict, or 30 days after judgment is entered, whichever is later, and the –A2 amendments (EXHIBIT A).
040	Sen. Ringo	Asks if most countries use reciprocity.
044	Joseph	Says, yes, explains how it is used.
058	Chair Minnis	Closes the public hearing on HB 2761A and opens a work session.
HB 2761A WORK SESSION
060	Sen. Ferrioli	MOTION: Moves to ADOPT HB 2761A-A2 amendments dated 4/9/03.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Walker
064	Chair Minnis	Hearing no objection, declares the motion CARRIED.
066	Sen. Ferrioli	MOTION: Moves HB 2761A to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Walker
070	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. MINNIS will lead discussion on the floor.
077	Chair Minnis	Closes the work session on HB 2761A and opens a public hearing on HB 2057A.
HB 2057A PUBLIC HEARING
082	George Reimer	Director, Oregon State Bar. Submits testimony and testifies in support of HB 2057A That provides that election not be held for position on Board of Governors of Oregon State Bar, or for position in house of delegates of Oregon State Bar, for which only single candidate has been nominated. (EXHIBIT B).
110	Chair Minnis	Closes the public hearing on HB 2057A and opens a work session.
HB 2057A WORK SESSION
120	Vice Chair Burdick	MOTION: Moves HB 2057A to the floor with a DO PASS recommendation, and be placed on the CONSENT CALENDAR.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Walker
124	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor.
162	Chair Minnis	Closes the work session on HB 2057A and opens a public hearing on HB 2059A
HB 2059A PUBLIC HEARING
212	Linda Johannsen	Oregon State Bar. Submits testimony and testifies in support of HB 2059A that sets procedure for filing bond or depositing money when possessory chattel lien is claimed for storage of chattel and amount of lien claimed is $750 more (EXHIBIT C).
225	Bill Joseph	Committee Counsel. Introduces the –A2 amendments (EXHIBIT D).
244	Chair Minnis	Closes the public hearing on HB 2059A and opens a work session.
HB 2059A WORK SESSION
245	Vice Chair Burdick	MOTION: Moves to ADOPT HB 2059A-A2 amendments dated 4/30/03.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Walker
254	Chair Minnis	Hearing no objection, declares the motion CARRIED.
255	Vice Chair Burdick	MOTION: Moves HB 2059A to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Walker
266	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. C. STARR will lead discussion on the floor.
271	Chair Minnis	Closes the work session on HB 2059A and opens a public hearing on HB 2060A.
HB 2060A PUBLIC HEARING
274	Linda Johannsen	Oregon State Bar. Submits testimony and testifies in support of HB 2060A that allows interested person to request trustee to provide written statement of specified information concerning sale (EXHIBIT E).
301	Chair Minnis	Closes the public hearing on HB 2060A and opens a work session.
HB 2060A WORK SESSION
303	Vice Chair Burdick	MOTION: Moves HB 2060A to the floor with a DO PASS recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Walker
307	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. FERRIOLI will lead discussion on the floor.
309	Chair Minnis	Closes the work session on HB 2060A and opens a public hearing on HB 2150A.
HB 2150A PUBLIC HEARING
312	Richard Mills	Department of Human Services. Submits testimony and testifies in support of HB 2150A that specifies that copy of small estate affidavit must be mailed or delivered to Estate Administration Unit of Department of Human Services (EXHIBIT F).
442	Chair Minnis	Asks about the time of death being a starting point for Department of State Lands filings.
451	Bill Joseph	Committee Counsel. Responds that he will have to check.
463	Sen. Ringo	Asks about the amount considered to be a small estate.
466	Mills	Says that it would be considered a small estate if it is $50,000 or less.
471	Sen. Ringo	Asks for an example of how money is received by the Department of Human Services.
478	Mills	Responds that most of the funds received are from bank accounts.
397	Sen. Ringo	Asks about any children that might be involved.
498	Mills	Says that the child would have to be under the age of 21, totally disabled, or blind for the claim to be waived.
521	Sen. Ringo	Asks about joint bank accounts.
TAPE 117, A
003	Mills	Says there is no recourse on a joint account without permission of the joint owner.
006	Sen. Ringo	Wonders if the equity in a home would be considered.
009	Mills	Says home equity is computed on a fair market value, not equity value, and that it is seldom considered.
033	Sen. Ringo	Asks why people wait to file an affidavit.
037	Mills	Assumes that some people are just not aware of the problem they are creating by not filing.
049	Sen. Ringo	Asks if there is a mechanism to assert a claim.
054	Mills	Responds that a creditor can initiate a probate without family consent.
073	Chair Minnis	Closes the public hearing on HB 2150A and calls for a short recess at 8:45 a.m.
075	Chair Minnis	Reconvenes the meeting at 8:55 a.m. and opens a public hearing on HB 2086A.
HB 2086A PUBLIC HEARING
086	Kelly Peterson	Humane Society of the United States. Submits testimony and testifies in support of HB 2086A that creates crime of cockfighting (EXHIBIT G).
141	Marcia Keith	Oregon Veterinary Medical Association. Submits testimony and testifies in support of HB 2086A (EXHIBIT H).
155	Chief Jim Harper	Dallas Police Department. Testifies in support of HB 2086A.
177	Lt. Randy Covey	Special Agent, Oregon Humane Society. Testifies in support of HB 2086A. Discusses cockfighting and other conduct that is often found in conjunction with this activity.
246	Vice Chair Burdick	Asks where in the bill it addresses protection of birds other than cockfighting birds.
255	Chair Minnis	Explains that the protection is in the definitions.
290	Vice Chair Burdick	Asks what would happen if a bird trained for cockfighting is rescued.
309	Lt. Covey	Says an investigation would look at the actual use of the bird.
343	Vice Chair Burdick	Asks if birds that are rescued have to be killed.
354	Lt. Covey	Says it is not automatic, but they do not generally make good pets.
353	Peterson	Says that ultimately a judge will make that ruling.
358	Chair Minnis	Asks for some background on section 7, page 3 of the bill.
358	Lt. Covey	Says this section protects the evidence of a case.
380	Chair Minnis	Asks if the birds are tagged in some way.
396	Lt. Covey	Explains the maintenance of the birds while waiting to be used as evidence.
TAPE 116, B
037	Peterson	Says this section dealing with housing the birds was requested by the Oregon State Sheriffs Association.
046	Lt. Covey	Expands on the discussion of the value of the bird as evidence.
100	Chair Minnis	Continues discussion of how the birds are to be kept.
112	Bill Taylor	Committee Counsel. Asks if the birds are needed at the time of trial.
119	Lt. Covey	Says either the birds or photos of the birds are needed at trial.
121	Taylor	Wonders what happens if the trial is a year out and there are not any birds left.
123	Lt. Covey	Says it is in the best interest of the arresting agency to make sure that care of the birds is provided.
149	Chair Minnis	Asks if a bird is really needed as evidence.
151	Lt. Covey	Says, no.
190	Chief Harper	Discusses the practicality of caring for these birds.
218	Chair Minnis	Asks about a court order.
220	Lt. Covey	Says a court order is required after the first 24 hours.
269	Sen. Walker	Says cockfighting is a bad thing and we need to do something about it.
275	Chair Minnis	Closes the public hearing on HB 2086A and opens a work session.
HB 2086A WORK SESSION
279	Vice Chair Burdick	MOTION: Moves HB 2086A to the floor with a DO PASS recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ringo
283	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. MINNIS will lead discussion on the floor.
287	Chair Minnis	Closes the work session on HB 2086A and adjourns the meeting at 9:35 a.m.

EXHIBIT SUMMARY

A – HB 2761A, -A2 amendments submitted by staff, 2 pp

B – HB 2057A, written testimony submitted by George Reimer, 1 p

C – HB 2059A, written testimony submitted by Linda Johannsen, 2 pp

D – HB 2059A, -A2 amendments submitted by staff, 1 p

E – HB 2060A, written testimony submitted by Linda Johannsen, 2 pp

F – HB 2150A, written testimony submitted by Richard Mills, 3 pp

G – HB 2086A, written testimony submitted by Kelly Peterson, 22 pp

H – HB 2086A, written testimony submitted by Marcia Keith, 1 p