SENATE COMMITTEE ON JUDICIARY

June 03, 2003 Hearing Room 343

8:00 a.m. Tapes 148 - 149

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

Nancy Massee, Committee Assistant

MEASURE/ISSUES HEARD:

HB 2095A Work Session

HB 2174A Work Session

HB 3250A Work Session

HB 2342A Public Hearing and Work Session

HB 2049A Work Session

HB 3318A Public Hearing and Work Session

HB 3349 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 148, A
004	Chair Minnis	Opens meeting at 8:05 a.m. Opens work session on HB 2095A.
HB 2095A WORK SESSION
008	Bill Taylor	Committee Counsel. Explains HB 2095A which 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. Discusses the –A3 amendments from the Bureau of Labor ((EXHIBIT A).
015	Vice Chair Burdick	MOTION: Moves to ADOPT HB 2095A-3 amendments dated 4/30/03.
		VOTE: 5-0-1 EXCUSED: 1 – Ferrioli
016	Chair Minnis	Hearing no objection, declares the motion CARRIED.
017	Vice Chair Burdick	MOTION: Moves HB 2095A to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.
018		VOTE: 5-0-1 EXCUSED: 1 – Ferrioli
019	Chair Minnis	Hearing no objection, declares the motion CARRIED.
020	Chair Minnis	Closes work session on HB 2095A. Opens work session on HB 2174A.
HB 2174 A WORK SESSION
028	Bill Taylor	Committee Counsel. Explains HB 2174A which approves adoption of certain rules and amendments to sentencing guidelines rules by Oregon Criminal Justice Commission.
037	Vice Chair Burdick	MOTION: Moves HB 2174A to the floor with a DO PASS recommendation.
		VOTE: 6-0
038	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. STARR will lead discussion on the floor.
039	Chair Minnis	Closes work session on HB 2174A. Opens work session on HB 3250A.
HB 3250AWORK SESSION
050	Bill Taylor	Committee Counsel. Explains HB 3250A which 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 international abduction. Explains the –A8 amendments (EXHIBIT B). Submits written testimony in support of HB 3250A by Laura Butterfield (EXHIBIT C).
083	Vice Chair Burdick	MOTION: Moves to ADOPT HB 3250A-8 amendments dated 5/28/03.
		VOTE: 6-0
084	Chair Minnis	Hearing no objection, declares the motion CARRIED.
085	Vice Chair Burdick	MOTION: Moves HB 3250A to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 6-0
086	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
087	Chair Minnis	Closes work session on HB 3250A. Opens public hearing on HB 2342A.
HB 2342A PUBLIC HEARING
090	Bill Taylor	Committee Counsel. Explains HB 2342A which allows claim to be made against estate of decedent at any time after personal representative is appointed.
123	Richard Mills	Department of Human Services (DHS). Explains this is a companion bill to HB 2350. Explains parties are in support of HB 2342A and submits written testimony (EXHIBIT D).
197	Sen. Walker	Discusses statute of limitations to claims.
209	Mills	Explains the normal process of decedent’s estate will not be changed. HB 2342A allows that after two years from date of death, a creditor can still submit claim.
250	Chair Minnis	Closes public hearing on HB 2342A. Opens work session on HB 2342A.

HB 2342A WORK SESSION
306	Vice Chair Burdick	MOTION: Moves SB 2342A to the floor with a DO PASS recommendation.
		VOTE: 6-0
307	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
308	Chair Minnis	Closes work session on HB 2342A. Opens work session on HB 2049A.
HB 2049A WORK SESSION
330	Bill Joseph	Committee Counsel. Explains HB 2049A which requires that motion to amend pleading to assert claim for punitive damages be filed and served not less than 60 days before date set for trial.
362	Sen. Ringo	Comments that he concludes there is a legitimate issue in HB 2049A.
390	Chair Minnis	Asks what the harm is created by having the 60-day cutoff.
410	Sen. Ringo	Responds that after the defense files an answer, the court file indicates appearance by both plaintiff and defense. Some courts may then set a trial date.
TAPE 149, A
009	Joseph	Explains trial date setting and continuances. HB 2049A includes provision for judge to alter timelines.
022	Vice Chair Burdick	Comments on new discovery and safe harbor provisions.
042	Joseph	Refers to page 2 subsection 4, about modifying time periods.
098	Chair Minnis	Asks how hard is the deadline.
101	Sen. Ringo	Replies the current system for seeking amendments is familiar.
105	Sen. Walker	Asks about “smoking gun” at trial.
110	Joseph	Replies this bill would be a hurdle to that situation.
135	Susan Grabe	Oregon State Bar (OSB). Comments on how OSB addressed this bill. OSB does not object to the bill.
156	Sen. Ringo	Relates the problem is seeking punitive damages, seeking prejudice is not allowed. The defense should be allowed to file amendments.
165	Joseph	Suggests remedying the bill on the prejudice issue.
175	Grabe	Says the OSB will work with the bill more.
179	Vice Chair Burdick	Says there is not a crisis and is willing to wait on this bill.
188	Sen. Ringo	Gives an example of a last-minute amendment.
195	Chair Minnis	Closes work session on HB 2049A. Opens public hearing on HB 3318A.
HB 3318A PUBLIC HEARING
206	Bill Joseph	Committee Counsel. Explains HB 3318A which increases penalty for unlawful production of identification cards, licenses, permits, forms or camera cards.
265	Tim Martinez	Oregon Bankers Association. Testifies in support of HB 3318A.
285	Sen. Ringo	Testifies in support of HB 3318A.
289	Chair Minnis	Closes the public hearing on HB 3318A and opens a work session.
HB 3318A WORK SESSION
290	Vice Chair Burdick	MOTION: Moves HB 3318A to the floor with a DO PASS recommendation.
		VOTE: 4-0-2 EXCUSED: 2 – Ferrioli, Walker
291	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor.
295	Chair Minnis	Closes work session on HB 3318A. Recesses meeting for few minutes. Reconvenes meeting. Opens public hearing on HB 3349.
HB 3349 PUBLIC HEARING
299	Bill Joseph	Committee Counsel. Explains HB 3349 which allows required inspections of local correctional facilities, lockups, temporary holds and juvenile facilities to be done by entities other than Department of Corrections pursuant to agreements with department.
300	John Powell	Oregon State Sheriffs Association. Testifies in support of HB 3349. Explains what HB 3349 does.
320	Ginger Martin	Department of Corrections (DOC). Testifies in support of HB 3349 and submits testimony (EXHIBIT E).
322	Chair Minnis	Closes public hearing on HB 3349. Opens work session on HB 3349.
HB 3349 WORK SESSION
325	Vice Chair Burdick	MOTION: Moves HB 3349 to the floor with a DO PASS recommendation.
		VOTE: 5-0-1 EXCUSED: 1 – Walker
326	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. FERRIOLI will lead discussion on the floor.
385	Chair Minnis	Closes work session on HB 3349. Adjourns meeting at 9:34 a.m.

EXHIBIT SUMMARY

A – HB 2095A-3 amendments, staff, 3 pp

B – HB 3250A-8 amendments, staff, 1 p

C – HB 3250A, written testimony, staff for Laura Butterfield, 4 pp

D – HB 2342A, written testimony, Richard Mills, 3 pp

E – HB 3349, written testimony, Ginger Martin, 1 p