SENATE COMMITTEE ON JUDICIARY

 

 

June 23, 2003                                                                                                      Hearing Room 343

8:00 a.m.                                                                                                                     Tapes 173-174

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Charlie Ringo

Sen. Charles Starr

Sen. Vicki Walker

 

STAFF EXCUSED:                Sen. Ted Ferrioli

 

 

STAFF PRESENT:                 Craig Prins, Counsel

                                                Bill Taylor, Counsel

                                                Bill Joseph, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           HB 2110A Work Session

HB 3338A Work Session

                                                HB 3344A Work Session

                                                HB 2646A Work Session

                                                HB 2094A 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 173, A

004

Chair Minnis

 

Calls the meeting to order at 8:15 a.m. and opens a work session on HB 2110A.

HB 2110A WORK SESSION

008

Bill Taylor

Committee Counsel.  Introduces HB 2110A that modifies application of definitions, and the –A15 and –A16 amendments (EXHIBITS A-B).

020

Chair Minnis

Reviews the issue of veterans’ benefits.

034

Sen. Ringo

Asks what factors the courts will use to address the “may be reduced” issue.

037

Taylor

Explains that it would not only be the court, but the administrator that would look at the totality of the circumstances.

043

Sen. Ringo

Asks about the financial stability of a person.

050

Taylor

Explains that with sufficient assets, there would not be a reduction.

056

Sen. Ringo

MOTION:  Moves to ADOPT HB 2110A-A15 amendments dated 6/20/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

065

Chair Minnis

Hearing no objection, declares the motion CARRIED.

069

Sen. Ringo

MOTION:  Moves HB 2110A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

070

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

078

Chair Minnis

Closes the work session on HB 2110A and opens a work session on HB 3338A.

HB 3338A WORK SESSION

079

Bill Joseph

Committee Counsel. Introduces HB 3338A that modifies provisions relating to desertion by parent in adoption proceedings, and the–A4 conflict amendments (EXHIBIT C).

086

Vice Chair Burdick

MOTION:  Moves to SUSPEND the rules for the purpose of Reconsidering the vote by which HB 3338A was sent to the floor of the Senate.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

090

Chair Minnis

Hearing no objection, declares the motion CARRIED.

091

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 3338A-A4 amendments dated 6/20/03 to RESOLVE CONFLICTS.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

097

Chair Minnis

Hearing no objection, declares the motion CARRIED.

099

Vice Chair Burdick

MOTION:  Moves HB 3338A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

102

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. STARR will lead discussion on the floor.

105

Chair Minnis

Closes the work session on HB 3338A and opens a work session on HB 3344A.

HB 3344A WORK SESSION

107

Bill Joseph

Committee Counsel.  Introduces HB 3344A that changes number of years that intangible personal property must be held in fiduciary capacity before being presumed abandoned from five to two.

136

Sen. Ringo

States the concern that he had expressed at the previous committee hearing has been resolved.

156

Vice Chair Burdick

MOTION:  Moves HB 3344A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

159

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.


 

164

Chair Minnis

Closes the work session on HB 3344A and opens a work session on HB 2646A.

HB 2646A WORK SESSION

170

Bill Gary

Harrang Long Gary Rudnick Law Firm.  Testifies in support of HB 2646A that revises laws relating to judgment, and the –A7 amendments (EXHIBIT D).

284

Sen. Walker

Asks if he knew that the case was on appeal in the Supreme Court.

287

Gary

Explains the steps taken when a case is appealed to the Supreme Court.

408

Sen. Ringo

Asks about the benefit of a new court ruling after the fact, and wonders why special dispensation should be made.

428

Gary

Says the court generally does not go back to cases that have already been tried.

461

Sen. Ringo

Questions the desire to have the benefit of the old rule and not be impacted by the new decision.

467

Gary

Explains that the amendment asks that the new rule apply only prospectively.

TAPE 174, A

032

Chair Minnis

Asks why we should do something contrary to a decision made by the Supreme Court.

039

Gary

Explains that he is asking only that the old rule apply to those cases that were tried before the new rule was announced.

097

Vice Chair Burdick

Asks for an example of when the supreme court has not applied a new ruling.

108

Gary

Provides an example case.

117

Vice Chair Burdick

Asks what it is about the Schoop case that would apply to the cases he is defending.

123

Gary

Explains why the Schoop case should not be applied to his cases.

141

Sen. Ringo

Says he thinks this amendment is interfering with the decision-making process of the Supreme Court.

146

Gary

Disagrees.  Says it is the interpretation of the Supreme Court’s decision that is at issue.

155

Sen. Ringo

Talks about the dynamics of the Schoop case.

168

Gary

Says ultimately, fairness is the issue.

204

Vice Chair Burdick

Asks if cases should be retried under the new rule.

207

Gary

Explains that they should be retried, but only if the Court of Appeals ultimately concludes that there was an error in submitting something to the jury.

218

Chair Minnis

Says he does not support the –A7 amendments.

238

Wendy Johnson

Oregon Law Commission.  Testifies as neutral on the –A7 amendments.

256

Vice Chair Burdick

Expresses her desire that this bill be moved along.

305

Sen. Ringo

Says he has a hard time with the fairness issue.

334

Sen. Walker

Agrees with Sen. Ringo and objects to the –A7 amendments.

397

Bill Joseph

Committee Counsel. Discusses the –A6 amendments that are a combination of technical amendments from Legislative Counsel and the Oregon Law Commission.

402

Sen. Ringo

Discusses his concerns with the –A6 amendments, but says he will not oppose them.

438

Vice Chair Burdick

Asks for clarification of the $4 fee.

445

Sen. Ringo

Explains how and when the fee is applied.

TAPE 173, B

020

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 2646A-A6 amendments dated 6/17/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

021

Chair Minnis

Hearing no objection, declares the motion CARRIED.

029

Vice Chair Burdick

MOTION:  Moves HB 2646A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

031

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. MINNIS will lead discussion on the floor.

035

Chair Minnis

Closes the work session on HB 2646A and calls for a 5 minute recess at 9:30 a.m.

037

Chair Minnis

Reconvenes the meeting at 9:41 a.m. and opens a work session on HB 2094A.

HB 2094A WORK SESSION

042

Craig Prins

Committee Counsel.  Introduces HB 2094A that requires tobacco product manufacturers to report certain information to Attorney General.  Reviews the section-by section analysis provided by Pete Shepherd (EXHIBIT F).  Reviews the –A10 amendments (EXHIBIT G), and the –A9 amendments (EXHIBIT H).

234

Vice Chair Burdick

Asks for clarification of where the task force amendment is being applied.

236

Prins

Explains that it will apply to HB 2368. Discusses the –A5 amendments (EXHIBIT I).

261

Chair Minnis

Says he would like to adopt the amendments and then get a hand-engrossed version of the bill for review and final action.

290

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 2094A-A9 amendments dated 6/11/03.

290

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 2094A-A10 amendments dated 6/12/03.

303

Sen. Ringo

Asks from where the $700,000 would be coming.

311

Pete Shepherd

Deputy Attorney General.  Explains that the funds come from the General Fund and have been accounted for in the budget.

341

Sen. Walker

Asks about the task force to look at the Master Settlement Agreement (MSA).

352

Shepherd

Replies that the issue of the task force is addressed in amendments to HB 2368B.

371

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

372

Chair Minnis

Hearing no objection, declares the motion CARRIED.

373

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 2094A-A5 amendments dated 5/23/03.

388

Sen. Walker

Asks how the “loophole” addressed by the –A5 amendments escaped the MSA task force.

406

Shepherd

Explains how this issue was missed.

420

Sen. Walker

Asks about exemptions that applied to some of the small companies.

460

Shepherd

Says every manufacturer who participates in the MSA must pay.

481

Sen. Walker

Asks if this is not adopted now, if it will be back next session.

484

Shepherd

Explains that it will be back and why.

TAPE 174, B

032

Sen. Walker

Asks about another state that passed a similar version of the –A5 amendments.

038

Shepherd

Says there is one state that did pass a version that is conditioned on other states passing a similar piece of legislation.

066

Sen. Walker

Asks about the allocable share cap.

072

Shepherd

Replies that he would defend and support the share cap.

080

Sen. Walker

Asks if the –A5 amendments are essential to the bill.

084

Shepherd

Says not if it is going to endanger the passage of the bill.

098

Vice Chair Burdick

Asks how much more money would come in to the escrow account with the allocable share cap.

102

Shepherd

Says that the attorney general’s office has not made such a calculation.

107

Sen. Walker

Discusses this legislation and her concerns with it.

110

Chair Minnis

Says it is our public duty to see that revenues derived from the MSA are maximized to the fullest extent possible.

134

Sen. Ringo

Says he has no problem with the allocable cap.

154

 

VOTE:  4-1-1

AYE:               4 - Burdick, Ringo, Starr C., Minnis

NAY:               1 - Walker

EXCUSED:     1 - Ferrioli

155

Chair Minnis

The motion CARRIES.

159

Chair Minnis

Closes the work session on HB 2094A and adjourns the meeting at 10:05 a.m.

 


 

EXHIBIT SUMMARY

 

A – HB 2110A, -A15 amendments submitted by staff, 40 pp

B – HB 2110A, -A16 amendments submitted by staff, 25 pp

C – HB 3338A, -A4 amendments submitted by staff, 7 pp

D – HB 2646A, -A7 amendments submitted by staff, 1 p

E – HB 2646A, -A6 amendments submitted by staff, 72 pp

F – HB 2094A, printed material from Peter Shepherd, submitted by staff, 7 pp

G – HB 2094A, -A10 amendments submitted by staff, 1 p

H – HB 2094A, -A9 amendments submitted by staff, 2 pp

I – HB 2094A, -A5 amendments submitted by staff, 6 pp