SENATE COMMITTEE ON JUDICIARY
April 18, 2005 Hearing Room 343
1:00 P.M. Tape 111
MEMBERS PRESENT: Sen. Ginny Burdick, Chair
Sen. Charles Starr, Vice-Chair
Sen. Roger Beyer
Sen. Floyd Prozanski
Sen. Charlie Ringo
Sen. Vicki Walker
Sen. Doug Whitsett
STAFF PRESENT: William E. Taylor, Counsel
Dale Penn, Committee Assistant
MEASURES/ISSUES HEARD:
SB 850 – Work Session
SB 198 – Work Session
SB 920 – Work Session
SB 495 – 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.
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TAPE/# |
Speaker |
Comments |
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TAPE 111, A |
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003 |
Chair Burdick |
Calls the meeting to order at 1:13 p.m. and opens a work session on SB 850. |
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SB 850 – WORK SESSION |
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008 |
Chair Burdick |
Discusses the -3 amendment (EXHIBIT A). |
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012 |
Sen. Starr |
MOTION: Moves SB 850 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways & Means. |
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VOTE: 5-0-2 EXCUSED: 2 - Prozanski, Walker |
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016 |
Chair Burdick |
Hearing no objection, declares the motion CARRIED. |
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018 |
Chair Burdick |
Closes the work session on SB 850 and opens a work session on SB 198. |
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SB 198 – WORK SESSION |
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020 |
William E. Taylor |
Counsel. Describes SB 198 relating to allowing a person who is a victim of a crime to have a personal representative accompany them to all phases of investigation and prosecution of the crime except for grand jury proceedings and certain child abuse assessments. Introduces the -3 amendment (EXHIBIT B). |
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034 |
Ronelle Shankle |
Department of Justice. Talks about the -3 amendment for SB 198 and testifies in support of the bill. |
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047 |
Kelly Skye |
Oregon Criminal Defense Lawyers Association. Addresses subsection 7 relating to the selection of a personal representative. |
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061 |
Chair Burdick |
Inquires how subsection 7 is valuable as an amendment to the bill. |
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065 |
Skye |
Replies with information on how subsection 7 will allow criminal defense lawyers to protect the rights of the individual. |
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076 |
Shankle |
States that the Oregon District Attorney’s Association supports the amendment and the bill. |
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086 |
Sen. Starr |
MOTION: Moves to ADOPT SB 198-3 amendments dated 4/18/05. |
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VOTE: 7-0-0 |
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089 |
Chair Burdick |
Hearing no objection, declares the motion CARRIED. |
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091 |
Sen. Starr |
MOTION: Moves SB 198 to the floor with a DO PASS AS AMENDED recommendation. |
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VOTE: 7-0-0 |
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093 |
Chair Burdick |
Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor. |
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095 |
Chair Burdick |
Closes the work session on SB 198 and opens a work session on SB 920. |
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SB 920 – WORK SESSION |
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096 |
William E. Taylor |
Counsel. Describes SB 920 relating to revising the laws relating to execution sales. Discusses the -2 amendment (EXHIBIT C). |
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108 |
Dave Heynderickx |
Acting Legislative Counsel. Talks about the -2 amendment. |
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155 |
Heynderickx |
Stresses that the bill is meant to bring the current statute up to date. |
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170 |
Jerry Watson |
Attorney. Discusses the amendments, and states that, for the most part, they are technical. |
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224 |
Chair Burdick |
Inquires about any dissent within the work group concerning the bill or the amendments. |
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229 |
Watson |
Acknowledges that you can always tweak the wording or language, but the work group was in agreement in support of the amendment and the bill. |
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236 |
Chair Burdick |
Asks about the support from the sheriffs who attended the public hearing. |
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241 |
Watson |
Responds that the Sheriffs Association supports the amendment. |
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244 |
Sen. Beyer |
Wonders about the changes for the lay person after the passage of the bill. |
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248 |
Heynderickx |
Replies that those individuals would most likely have a better chance of understanding the bill in comparison to the older statute. |
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269 |
Heynderickx |
Talks about the substantive changes in the bill, and doesn’t believe there are any that negatively affect debtors. |
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290 |
Brad Swank |
Oregon Judicial Department. Discusses the substantive changes in the bill. Comments on the items that fall under judicial sale. |
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315 |
Swank |
Addresses the electronic market (eBay, etc.) as a possible future avenue to explore. |
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265 |
Heynderickx |
States that there were no dissenting votes on any of these substantive changes. |
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369 |
Chair Burdick |
Inquires about the individuals who added their input to the process. |
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371 |
Watson |
Declares that the individuals who were involved were broadly representative of the public. |
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406 |
Sen. Starr |
MOTION: Moves to ADOPT SB 920-2 amendments dated 4/13/05. |
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VOTE: 7-0-0 |
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410 |
Chair Burdick |
Hearing no objection, declares the motion CARRIED. |
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412 |
Sen. Starr |
MOTION: Moves SB 920 to the floor with a DO PASS AS AMENDED recommendation. |
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VOTE: 7-0-0 |
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418 |
Chair Burdick |
Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor. |
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423 |
Chair Burdick |
Moves SB 1025 to Monday, April 25, 2005. Closes the work session on SB 920 and opens a public hearing on SB 495. |
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SB 495 – PUBLIC HEARING |
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431 |
Sen. Ringo |
Discusses SB 495 relating to allowing grandchildren and grandparents to recover in actions for a wrongful death. |
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467 |
Sen. Prozanski |
Asks about the parameters for the nexus between grandparents and grandchildren. |
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441 |
Sen. Ringo |
Replies that there currently is none, but expects the definition for the nexus between the grandchildren and grandparents to be similar to that between children and parents. |
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490 |
Chair Burdick |
Closes the public hearing on SB 495 and adjourns the meeting at 1:38 p.m. |
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EXHIBIT SUMMARY