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