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