SENATE COMMITTEE ON JUDICIARY

 

 

May 13, 2003                                                                                                       Hearing Room 343

8:00 AM                                                                                                                     Tapes 128-129

 

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 Taylor, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           SB 52 Work Session

                                                HB 2206A Public Hearing and Work Session

                                                HB 2034A Work Session

                                                HB 2114A Public Hearing and Work Session

                                                HB 2113A Public Hearing

                                                HB 2111A Public Hearing and Work Session

                                                HB 2095A Public Hearing                                        

 

 

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 128, A

004

Chair Minnis

Calls the meeting to order at 8:15 a.m. and opens a work session on SB 52.

SB 52 WORK SESSION

008

Craig Prins

Committee Counsel.  Explains that SB 52 that creates crime of aggravated identity theft is being reconsidered to allow for a correction with the -4 amendments (EXHIBIT A).

021

Vice Chair Burdick

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering the vote on SB 52.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

023

Chair Minnis

Hearing no objection, declares the motion CARRIED.

027

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 52-4 amendments dated 5/9/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

030

Chair Minnis

Hearing no objection, declares the motion CARRIED.


 

031

Vice Chair Burdick

MOTION:  Moves SB 52 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

035

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. MINNIS will lead discussion on the floor.

037

Chair Minnis

Closes the work session on SB 52 and opens a public hearing on HB 2206A.

HB 2206A PUBLIC HEARING

038

Bill Taylor

Committee Counsel.  Introduces HB 2206A that expands crime of abuse of memorial to dead.

047

James Hamrick

Assistant Director, Oregon Parks and Recreation Department. Submits testimony and testifies in support of HB 2206A (EXHIBIT B).

084

Sen. Ringo

Asks if cemetery vandals have been apprehended and prosecuted.

088

Hamrick

Says there are no statistics available.

092

Sen. Ringo

Contends that this is another example of considering legislation that is not going to make any difference.

101

Taylor

Discusses the growing business of stealing from cemeteries.

112

Chair Minnis

Asks if this legislation may be in conflict with a Senate bill now in the House.

117

Taylor

Says he does not know the status of the other bill.

127

Sen. Walker

Expresses her concern that the bill is too broad and the fines too much.

137

Hamrick

Clarifies how the bill addresses fines.

148

Vice Chair Burdick

Asks if there are plans to post the proposed penalties.

151

Hamrick

Says that the plan is to engage in an aggressive education campaign.

174

Chair Minnis

Closes the public hearing on HB 2206A and opens a work session.

HB 2206A WORK SESSION

175

Vice Chair Burdick

MOTION:  Moves HB 2206A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Ferrioli

179

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

188

Chair Minnis

Closes the work session on HB 2206A and opens a work session on HB 2034A.

HB 2034A WORK SESSION

190

Bill Taylor

Committee Counsel.  Introduces HB 2034A that modifies definition of iodine matrix.

216

Vice Chair Burdick

MOTION:  Moves HB 2034A to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

222

Chair Minnis

Hearing no objection, declares the motion CARRIED.

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

238

Chair Minnis

Closes the work session on HB 2034A and opens a public hearing on HB 2114A.

HB 2114A PUBLIC HEARING

247

Ronelle Shankle

Department of Justice.  Submits testimony and testifies in support of HB 2114A that provides that single writ of garnishment may be issued for two or more judgments for past due support owed by same judgment debtor (EXHBIT C).

281

Bill Taylor

Committee Counsel. Expresses his approval of HB 2114A.

290

Sen. Ferrioli

Asks who calculates child support interest.

295

Shankle

Advises that child support interest is not calculated by the agency.  Explains the administrative rule 461.200.5080.

315

Sen. Ferrioli

Says he objects to the way interest is handled.

345

Chair Minnis

Wonders why it is done the way it is.

347

Shankle

Says the computer system is unable to handle that function.

372

Sen. Ringo

Disagrees with Sen. Ferrioli’s position.

393

Sen. Ferrioli

Agrees that interest calculations can be calculated, but thinks there should be advancements.

421

Chair Minnis

Closes the public hearing on HB 2114A and opens a work session.

HB 2114A WORK SESSION

427

Vice Chair Burdick

MOTION:  Moves HB 2114A to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

431

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

440

Chair Minnis

Closes the work session on HB 2114A and opens a public hearing on HB 2113A.

2113A PUBLIC HEARING

443

Ronelle Shankle

Department of Justice.  Submits testimony and testifies in support of HB 2113A that limits disclosure of child support enforcement information (EXHIBIT D).

TAPE 129, A

027

Chair Minnis

Asks if the Federal Code mandates this proposed change.

029

Shankle

Explains that 654A on page 5 of the Federal Code is what this legislation is in compliance with.

093

Chair Minnis

Asks what the penalty is for non-compliance.

100

Shankle

Explains the penalty would include a loss of federal matching funds to the program.

116

Sen. Walker

Says it seems that we are always trying to bring ourselves into compliance with the federal government.

124

Shankle

Agrees this is the case.

132

Chair Minnis

Explains his concern with the broad rule-making authority given to agencies.

140

Shankle

Says that page 2, line 20 of the A-engrossed bill is where the limit of authority is addressed.

152

Chair Minnis

Believes that the legislature should approve agency rules each session, and spend more time governing existing laws instead of spending time making new laws.

154

Shankle

Says that topic has come up several times before.

175

Chair Minnis

Closes the public hearing on HB 2113A and opens a public hearing on HB 2111A.

HB 2111A PUBLIC HEARING

176

Ronelle Shankle

Department of Justice.  Submits testimony and testifies in support of HB 2111A that makes decree or order final judgment as to any child support or spousal support payment that accrues up to time nonmoving party is served with motion to set aside, alter or modify decree or order (EXHIBIT E).

228

Sen. Ringo

Asks if this bill would allow for more flexibility in modifying the on-going support provision.

236

Shankle

States it would not.

245

Chair Minnis

Closes the public hearing on HB 2111A and opens a work session.

HB 2111A WORK SESSION

249

Vice Chair Burdick

MOTION:  Moves HB 2111A to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

255

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

258

Chair Minnis

Closes the work session on HB 2111A and opens a public hearing on HB 2095A.

HB 2095A PUBLIC HEARING

264

Ronelle Shankle

Department of Justice. Submits testimony and testifies in support of HB 2095A that requires court or enforcing agency issuing child support order to direct obligor to provide health care coverage to child under health benefit plan under certain circumstances (EXHIBIT F).  Says this legislation brings the state up to federal mandate.

308

Sen. Walker

Asks about the availability of health insurance for a child.

314

Shankle

Explains what is required.  Continues highlighting the issues addressed in HB 2111A.

398

Chair Minnis

Asks about requirement in selection of health insurance.

404

Shankle

Explains that those plans available to the child would be the only ones available from which to choose.

427

Sen. Walker

Asks for clarification of the insurance issue.

435

Shankle

Explains the process for supplying health insurance.

481

Chair Minnis

Asks how this works with people with borderline incomes.


 

484

Shankle

Says the combined total of insurance and child support cannot exceed 50% of an obligor’s income.

TAPE 128, B

050

Bill Taylor

Committee Chair.  Asks about the –A3 amendments and what they would do (EXHIBIT G).

053

Shankle

Introduces the –A3 amendments that are additional and final technical amendments that address liability. Asks for a referral to Ways and Means.

086

Chair Minnis

Says he wants to hold the bill for further consideration.  Closes the public hearing on HB 2095A and adjourns the meeting at 9:15 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 52, -4 amendments submitted by staff, 1 p

B – HB 2206A, written testimony submitted by James Hamrick, Jr., 6pp

C – HB 2114A, written testimony submitted by Ronelle Shankle, 3 pp

D – HB 2113A, written testimony submitted by Ronelle Shankle, 37 pp

E – HB 2111A, written testimony submitted by Ronelle Shankle, 3 pp

F – HB 2095A, written testimony submitted by Ronelle Shankle, 18 pp

G – HB 2095A, -A3 amendments submitted by staff, 3 pp