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.

 

TAPE/#

Speaker

Comments

TAPE 111, A

003

Chair Burdick

Calls the meeting to order at 1:13 p.m. and opens a work session on SB 850.

SB 850 – WORK SESSION

008

Chair Burdick

Discusses the -3 amendment (EXHIBIT A).

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.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Prozanski, Walker

016

Chair Burdick

Hearing no objection, declares the motion CARRIED.

018

Chair Burdick

Closes the work session on SB 850 and opens a work session on SB 198.

SB 198 – WORK SESSION

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).

034

Ronelle Shankle

Department of Justice.  Talks about the -3 amendment for SB 198 and testifies in support of the bill.

047

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Addresses subsection 7 relating to the selection of a personal representative.

061

Chair Burdick

Inquires how subsection 7 is valuable as an amendment to the bill.

065

Skye

Replies with information on how subsection 7 will allow criminal defense lawyers to protect the rights of the individual.

076

Shankle

States that the Oregon District Attorney’s Association supports the amendment and the bill.

086

Sen. Starr

MOTION:  Moves to ADOPT SB 198-3 amendments dated 4/18/05.

 

 

VOTE:  7-0-0

089

Chair Burdick

Hearing no objection, declares the motion CARRIED.

091

Sen. Starr

MOTION:  Moves SB 198 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0-0

093

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

095

Chair Burdick

Closes the work session on SB 198 and opens a work session on SB 920.

SB 920 – WORK SESSION

096

William E. Taylor

Counsel.  Describes SB 920 relating to revising the laws relating to execution sales.  Discusses the -2 amendment (EXHIBIT C).

108

Dave Heynderickx

Acting Legislative Counsel.  Talks about the -2 amendment.

155

Heynderickx

Stresses that the bill is meant to bring the current statute up to date.

170

Jerry Watson

Attorney.  Discusses the amendments, and states that, for the most part, they are technical.

224

Chair Burdick

Inquires about any dissent within the work group concerning the bill or the amendments.

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.

236

Chair Burdick

Asks about the support from the sheriffs who attended the public hearing.

241

Watson

Responds that the Sheriffs Association supports the amendment.

244

Sen. Beyer

Wonders about the changes for the lay person after the passage of the bill.

248

Heynderickx

Replies that those individuals would most likely have a better chance of understanding the bill in comparison to the older statute.

269

Heynderickx

Talks about the substantive changes in the bill, and doesn’t believe there are any that negatively affect debtors.

290

Brad Swank

Oregon Judicial Department.  Discusses the substantive changes in the bill.  Comments on the items that fall under judicial sale. 

315

Swank

Addresses the electronic market (eBay, etc.) as a possible future avenue to explore. 

265

Heynderickx

States that there were no dissenting votes on any of these substantive changes.

369

Chair Burdick

Inquires about the individuals who added their input to the process.

371

Watson

Declares that the individuals who were involved were broadly representative of the public.

406

Sen. Starr

MOTION:  Moves to ADOPT SB 920-2 amendments dated 4/13/05.

 

 

VOTE:  7-0-0

410

Chair Burdick

Hearing no objection, declares the motion CARRIED.

412

Sen. Starr

MOTION:  Moves SB 920 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0-0

418

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

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.

SB 495 – PUBLIC HEARING

431

Sen. Ringo

Discusses SB 495 relating to allowing grandchildren and grandparents to recover in actions for a wrongful death.

467

Sen. Prozanski

Asks about the parameters for the nexus between grandparents and grandchildren.

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.

490

Chair Burdick

Closes the public hearing on SB 495 and adjourns the meeting at 1:38 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 850, -3 amendment, Sen. Devlin, 4 pp
  2. SB 198, -3 amendment, staff, 2 pp
  3. SB 920, -2 amendment, staff, 20 pp