SENATE COMMITTEE ON JUDICIARY

 

 

May 27, 2003                                                                                                       Hearing Room 343

8:00 AM                                                                                                                 Tapes 140 –  141

 

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

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           HB 2074A Public Hearing and Work Session

                                                HB 2638A Public Hearing and Work Session

                                                HB 2803A Work Session

                                                HB 2113A Work Session

                                                HB 2711A Public Hearing and Work Session                      

                                                HB 2381A Public Hearing and Work Session

                                                HB 3250A 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 140, A

003

Chair Minnis

Calls the meeting to order at 8:12 a.m. and opens a public hearing on HB 2074A that requires Public Defense Services Commission to submit report to Legislative Assembly biennially.

HB 2074A PUBLIC HEARING

010

Ann Christian

Public Defense Services Commission.  Submits testimony and testifies in support of HB 2074A (EXHIBIT A).

084

Sen. Ringo

Asks how the peer review process works.

088

Christian

Explains the process.

098

Sen. Ringo

Offers an example and asks if he is correct in his assumption.

100

Christian

Indicates the assumption is correct.

110

Chair Minnis

Asks if the Oregon District Attorneys Association (ODAA) is in support of this bill.

122

Christian

Replies that they are.

130

Chair Minnis

Closes the public hearing on HB 2074A and opens a work session on HB 2074A.

HB 2074A WORK SESSION

133

Vice Chair Burdick

MOTION:  Moves HB 2074A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Walker

135

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

138

Chair Minnis

Closes the work session on HB 2074A and opens a public hearing on HB 2638A.

HB 2638A PUBLIC HEARING

140

Ann Christian

Public Defense Services Commission.  Submits testimony and testifies in support of HB 2638A that specifies that Public Defense Services Commission determines whether person petitioning for review of final order of State Board of Parole and Post-Prison Supervision is financially eligible for appointed counsel (EXHIBIT B).

170

Chair Minnis

Asks if the Oregon Justice of the Peace Association (OJOP) is in support of this bill.

177

Christian

Comments on the changes created by the amendments adopted on the House side.

191

Chair Minnis

Asks if this bill needs an emergency clause.

196

Christian

Comments on the possible need for an emergency clause.

203

Bill Taylor

Committee Counsel.  Clarifies that the OJOP did not need the bill, so the relating clause was used as a vehicle for the amendments adopted on the House side.

205

Chair Minnis

Closes the public hearing on HB 2638A, and opens a work session on HB 2638A.

HB 2638A WORK SESSION

210

Vice Chair Burdick

MOTION:  Moves HB 2638A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Walker

215

Chair Minnis

Hearing no objection, declares the motion CARRIED.

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

220

Chair Minnis

Closes the work session on HB 2638A and opens a work session on HB 2803A.

HB 2803A WORK SESSION

232

Mitch Morrow

Department of Corrections.  Submits testimony and testifies in support of HB 2803A that authorizes Department of Corrections to enter into contracts with public entity for provision of correctional services in facilities out of state (EXHIBIT C).

271

Sen. Walker

Expresses her appreciation of the changes that have been made to this legislation.

300

Vice Chair Burdick

MOTION:  Moves HB 2803A to the floor with a DO PASS recommendation.

310

Sen. Ringo

Asks for the practical impact if this bill did not pass.

318

Morrow

Says there would be unsafe crowding.

 

 

VOTE:  6-0

325

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

330

Chair Minnis

Closes the work session on HB 2803A and opens a work session on HB 2113A.

HB 2113A WORK SESSION

340

Bill Taylor

Committee Counsel.  Introduces HB 2113A that limits disclosure of child support enforcement information.

370

Chair Minnis

Asks if the Department of Justice is happy with this bill.

372

Ronelle Shankle

Department of Justice.  Says, yes.  Submits testimony of Steve Henigson, Department of Health and Human Services (EXHIBIT D).

378

Vice Chair Burdick

MOTION:  Moves HB 2113A to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

385

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

387

Chair Minnis

Closes the work session on HB 2113A, and opens a public hearing on HB 2711A.

The following prepared testimony is submitted for the record without public testimony for HB 2113A:

 

Michael Buckley

Submits written testimony (EXHIBIT L).

HB 2711A PUBLIC HEARING

393

Ronelle Shankle

Department of Justice.  Submits testimony and testifies in support of HB 2711A that modifies provisions relating to collection of child support payments by collection agencies (EXHIBIT E).

TAPE 141, A

034

Rep. Rob Patridge

House District 6.  Testifies in support of HB 2711A.

058

Sen. Ferrioli

Asks who pays the $200 fee out of a $1,000 collection.

067

Shankle

Says the obligor gets complete credit for the money paid.

074

Sen. Ferrioli

Contends that it is the child then that pays the fee.

080

Rep. Patridge

Says that it is more than would be collected otherwise.

085

Chair Minnis

Questions whether there could be a problem with adding the fee to the current obligation.

095

Sen. Ferrioli

Points out the burden should be placed on the deadbeat parent.

100

Rep. Patridge

Comments on the issue, indicating it could be further addressed in the interim.

107

Sen. Walker

Comments on the history of the bill, and clarifies that this bill would not lessen the department’s collection mandate, but rather offer another tool to use in the most difficult cases.

121

Shankle

Acknowledges, commenting on the possible use of the tool created by the bill.

125

Sen. Ringo

Asks about the 20% fee.

133

Rep. Patridge

Further comments on the 20% fee.

140

Shankle

Points out the state collection agencies do not want to do child support collections.

152

Sen. Ringo

Asks whether the collection companies conduct investigations to find the deadbeat parents.

157

Shankle

Outlines the collections process.

165

Sen. Ringo

Further clarifies that this would involve actual investigations.

170

Shankle

Further outlines the collection process.

175

Vice Chair Burdick

Asks for a review of what the Department of Justice does with regard to child support collection before a collection agency is hired.

182

Shankle

Says it is a long list. Explains some of the steps taken.

196

Vice Chair Burdick

Asks if there is a risk because of budget cuts.

201

Rep. Patridge

Says there have been assurances that there will be no money taken from this budget.

205

Chair Minnis

Closes the public hearing on HB 2711A, and opens a work session on HB 2711A.

HB 2711A WORK SESSION

210

Vice Chair Burdick

MOTION:  Moves HB 2711A to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

215

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

221

Chair Minnis

Closes the work session on HB 2711A and opens a public hearing on HB 2381A.

HB 2381A PUBLIC HEARING

229

Mitch Morrow

Department of Corrections.  Submits testimony and testifies in support of HB 2381A that allows transfer of defendant sentenced to confinement in Department of Corrections institution during normal business hours unless prior arrangements have been made (EXHIBIT F).

248

John Powell

Oregon State Sheriffs Association.  Submits written material and testifies in support of HB 2381A (EXHIBIT G).

252

Chair Minnis

Closes the public hearing on HB 2381A and opens a work session.

HB 2381A WORK SESSION

280

Vice Chair Burdick

MOTION:  Moves HB 2381A to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

285

Chair Minnis

Hearing no objection, declares the motion CARRIED.

CHAIR MINNIS will lead discussion on the floor.

290

Chair Minnis

Closes the work session on HB 2381A and opens a public hearing on HB 3250A.

HB 3250A PUBLIC HEARING

299

Sybil Hebb

Oregon Law Center. Testifies in support of HB 3250A that permits court to require security, bond or other guarantee from parent subject to custody order who may travel with minor child in another country if court finds risk of intentional abduction.  Suggests a conceptual amendment changing the “or” to “and” on page 2, line 7.

370

Chair Minnis

Asks about the list of nations which would fit the criteria outlined in the bill.

380

Hebb

Indicates the need for the list to be somewhat flexible.

403

Vice Chair Burdick

Asks about the passport restriction.

416

Hebb

Says this bill does not intend to restrict a parent from getting his/her own passport.

429

Bill Taylor

Committee Counsel.  Asks if the court would still be able to make parents surrender their passport.

435

Hebb

Says the court could determine another remedy.

TAPE 140, B

015

Rep. Donna Nelson

House District 24. Submits testimony and testifies in support of HB 3250A (EXHIBIT H).  Introduces a family who experienced an abduction.

081

Sen. Walker

Discusses the amount of money required by families to get their children returned.

101

Rep. Nelson

Points out the need for the conceptual amendment on page 2 line 7 from “or” to “and.”

125

Sen. Ringo

Asks the mechanics of keeping a father from abducting his child.

139

Hebb

Explains that the security bond would help to get the child back.

145

Sen. Ringo

Asks how the bond requirement would be enforced.

160

Hebb

Comments on the enforcement of the bond requirement.

170

Sen. Ringo

Further comments on the problems with making a parent pay the bond requirement.

192

Lillian Frease

Grandmother of an abducted child. Submits testimony and testifies in support of HB 3250A (EXHIBIT I).

274

Sen. Walker

Asks if other states have passed laws such as this.

288

Frease

Says, yes, including Texas, California, Indiana and Illinois.

303

Chair Minnis

Comments on whether the bill needs the proposed conceptual amendment.

319

Hebb

Comments on the conceptual amendment.

348

Chair Minnis

Questions the language of the bill being a bit loose.

367

Vice Chair Burdick

Expresses concern about the change of wording.

390

Taylor

Explains the language in question.

408

Chair Minnis

Points out language which could be better utilized in the bill.

410

Hebb

Says she has no problem with that change.

TAPE 141, B

027

Vice Chair Burdick

Comments on the language.

030

Hebb

Acknowledges the clarification offered by Vice Chair Burdick.

038

Sen. Walker

Says she is ok with the language as it is.

047

Chair Minnis

Explains his support for the language as written.

057

Sen. Ringo

Indicates his support for the bill as written.

072

Chair Minnis

Says there will an amendment to make the changes requested.

087

Chair Minnis

Closes the public hearing on HB 3250A and adjourns the meeting at 9:40 a.m.

The following exhibits were submitted without public testimony for HB 3250A:

 

Staff

Submits FAQ sheet (EXHIBIT J) regarding HB 3250.

 

Kristine Uhlman

Submits written testimony (EXHIBIT K).

 

 

EXHIBIT SUMMARY

 

A – HB 2074A, written testimony, Ann Christian, 4 pp.

B – HB 2638A, written testimony, Ann Christian, 2 pp.

C – HB 2803A, written testimony, Mitch Morrow, 2 pp.

D – HB 2213A, submitted written testimony from Steve Henigson, Ronelle Shankle, 1 p.

E – HB 2711A, written testimony, Ronelle Shankle, 2 pp.

F – HB 2381A, written testimony, Mitch Morrow, 1 p.

G – HB 2381A, Notice of Waiver, John Powell, 1 p.

H – HB 3250A, written testimony, Rep. Donna Nelson, 16 pp.

I – HB 3250A, written testimony, Lillian Frease, 2 pp.

J – HB 3250A, Frequently Asked Questions, Staff, 5 pp.

K – HB 3250A, written testimony, Kristine Uhlman, 7 pp.

 

The following exhibits are submitted out of order in the body of the tape log:

L – HB 2113A, written testimony, Michael Buckley, 1 p.