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