SENATE COMMITTEE ON JUDICIARY

 

 

May 02, 2005                                                                                                       Hearing Room 343

1:00 P.M.                                                                                                                  Tapes 126 - 127

Corrected 10/26/05

 

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:        

                                                HB 2245 – Public Hearing

                                                HB 2256 – Public Hearing and Work Session

                                                HB 2275 – Public Hearing and Work Session

                                                HB 2279 – Public Hearing and Work Session

                                                HB 2281 – Public Hearing

                                                HB 2268 – 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 126, A

003

Chair Burdick

Calls the meeting to order at 1:13 p.m. and opens a public hearing on HB 2245.

HB 2245 – PUBLIC HEARING

005

William E. Taylor

Counsel.  Describes HB 2245 relating to allowing Legislative Counsel to change geographic references in statute if a new reference is approved.

026

Sen. Prozanski

Asks if both agencies that approve name changes to public entities/parks/etc need to agree in order to officially change the name.

032

Taylor

States that it requires approval from both groups to alter a geographic name.

048

Mike McArthur

Oregon Geographic Names Board (OGNC).  Testifies that the OGNC merely recommends name alterations to the United States Board of Geographic Names (USBGN).

053

Sen. Prozanski

Wonders if the USBGN can deny a recommendation made by the OGNC.

059

McArthur

Replies that the name would not change if that occurs.

068

Chair Burdick

Declares that if the name was changed through a statute then it wouldn’t need confirmation from the USBGN.

070

McArthur

Stresses that such an action still wouldn’t officially change the name, only the USBGN has the authority.

077

Sen. Prozanski

Explains that the state of Oregon does not have complete authority for name changes.

084

Chair Burdick

Talks about how geographic names, under this bill, could be changed through legislative action.

090

Sen. Beyer

Inquires about the number of geographic names that contain the word “squaw.”  Asks if they are geographically referenced.

096

Taylor

States that he has done a name search, and has found it numerous times throughout the state. 

114

Chair Burdick

Closes the public hearing on HB 2245 and opens a public hearing on HB 2256.

HB 2256 – PUBLIC HEARING

116

William E. Taylor

Counsel.  Describes HB 2256 relating to identifying provisions to which definitions apply.

120

Harrison Connelly

Deputy Legislative Counsel.  Testifies in support of HB 2256 and the problems with current definition standards.

151

Chair Burdick

Asks what is being fixed by the bill.

153

Connelly

Replies that the bill attempts to clarify the definition process.

160

Sen. Beyer

States that he doesn’t see any difference between current law and the changes in HB 2256.

167

Connelly

Explains the substantive differences between current law and HB 2256.

196

Chair Burdick

Inquires about the definitions applying to a certain section of the statute, and not the whole statute.

204

Connelly

Stresses that this bill seeks to limit the scope of this definition.

209

Sen. Beyer

Seeks to summarize the effects of the bill.

214

Connelly

Talks about the substantive changes in the drafting of the bill.

220

Sen. Beyer

Raises a conflict with the drafting language chosen.

222

Sen. Prozanski

Clarifies the issue raised by Sen. Beyer relating to the drafting language conflicting with current statutory language.

237

Sen. Ringo

Asks who the proponent of the bill is.

241

Connelly

States that Legislative Counsel drafted this bill in order to fix certain errors and oversights with current statute.

256

Chair Burdick

Closes the public hearing and opens a work session on HB 2256.

HB 2256 – WORK SESSION

260

Sen. Starr

MOTION:  Moves HB 2256 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-0

263

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

267

Chair Burdick

Closes the work session on HB 2256 and opens a public hearing on HB 2275.

 

HB 2275 – PUBLIC HEARING

269

William E. Taylor

Counsel.  Describes HB 2275 relating to resolving conflicting terms of certain child support judgments involving the same obligor and child.

280

Wendy Johnson

Deputy Director, Oregon Law Commission.  Submits testimony and testifies in support of HB 2275 (EXHIBIT A).

295

Shani Fuller

Oregon Child Support Program, Department of Justice.  Submits testimony and testifies in support of HB 2275 (EXHIBIT B).

350

Chair Burdick

Inquires about the grandfather clause in section 1.

355

Fuller

Describes the grandfather clause addressed in section 1 of HB 2275.

386

Johnson

Talks about the corrections this bill seeks to enact.

398

Chair Burdick

Closes the public hearing and opens a work session on HB 2275.

HB 2275 – WORK SESSION

408

Sen. Starr

MOTION:  Moves HB 2275 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-0

411

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

419

Chair Burdick

Closes the work session on HB 2275 and reopens the public hearing on HB 2245.

HB 2245 – PUBLIC HEARING

430

Chair Burdick

Asks about existing statutes dealing with changing the names of geographic references.

441

Brendan McCarthy

Replies with information on the process for changing the name for geographic references.

TAPE 127, A

013

Chair Burdick

Inquires if the Legislature can go around this process and statutorily dictate a name for any geographic reference.

017

McCarthy

Responds that there would be a conflict between the federal and state documents.

027

Chair Burdick

Asks about the name “squaw” being removed, by statute, from the title of certain geographic references in past legislation.

031

McCarthy

Stresses that, officially, they still contain the name “squaw.”  Explains that the Legislature does not truly name geographic references, they merely dictate what these areas will be referred as within their own states.

063

Chair Burdick

Summarizes the effect of the bill.

067

Sen. Beyer

Inquires about the number of geographic names that are actually in statute.

071

Taylor

States that squaw is referenced 12 times in statute.  Talks about the Oregon Geographic Names Board and its relationship with the United States Board of Geographic Names.

086

Chair Burdick

Inquires what would occur if the bill was not passed.

087

McCarthy

Discusses the result of not passing this bill and how the process would be even slower.

097

Sen. Beyer

Asks if there is any other place that Legislative Counsel can change statutes without Legislative approval.

100

McCarthy

Stresses that they cannot, unless they were actually given the ability through statute.

109

Sen. Beyer

Talks about his problems with the statutory power of Legislative Counsel.

120

McCarthy

Addresses the issue raised by Sen. Beyer and talks about the Scrivener’s Bill at the beginning of each session.

131

Sen. Prozanski

Clarifies the effects of this bill for the committee.

141

McCarthy

Discusses the substantive changes Legislative Counsel can make without Legislative approval.

158

Sen. Whitsett

States that this bill gives certain statutory authority to Legislative Counsel.

161

Chair Burdick

Stresses that this does not give away statutory authority to another entity.

172

Chair Burdick

Closes the public hearing on HB 2275 and opens a public hearing on HB 2279.

HB 2279 – PUBLIC HEARING

178

William E. Taylor

Counsel.  Describes HB 2279 relating to allowing the juvenile court to conduct a review of guardianship.

184

Nancy Miller

Deputy State Court Administrator, Office of the State Court Administrator.  Submits testimony and testifies in support of HB 2279 (EXHIBIT C).

207

Chair Burdick

Closes the public hearing and opens a work session on HB 2279.

HB 2279 – WORK SESSION

213

Sen. Starr

MOTION:  Moves HB 2279 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-0

218

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

223

Chair Burdick

Closes the work session on HB 2279 and opens a public hearing on HB 2281.

HB 2281 – PUBLIC HEARING

224

William E. Taylor

Counsel.  Describes HB 2281 relating to modifying the laws governing courts and appellate courts.

232

Kingsley Click

Oregon Judicial Department.  Submits testimony and testifies in support of HB 2281 (EXHIBIT D).

289

Chair Burdick

Asks how one becomes permanently ineligible from jury service.

291

Click

Offers information on the jury selection process, and how one may become incapacitated for life.

311

Chair Burdick

Inquires about excused status; criminally, permanently, etc.

316

Click

Explains the criteria for being excused for jury duty in several situations (including criminally and permanently).  Talks about convicted felons who have not had their full civil rights restored being ineligible for jury duty.

355

Sen. Prozanski

Wonders about the alteration to current statutes on the issue of the cost for reproduction of public records.

367

Click

Replies with information on current statute relating to time and public records fees.

407

Sen. Beyer

States that he has issues with allowing an agency to possibly charge increased fees to make copies of documents.

428

Sen. Prozanski

Discusses the issue of abuse by clerks or the agency in charging an exorbitant sum for services that do not cost the agency such an amount.

TAPE 126, B

010

Click

Clarifies the issues raised by the committee members.

022

Taylor

Inquires if they get requests for the names of prospective jurors and if that requires any redaction of information.

027

Click

Replies that they do receive such requests, and talks about certain statutes that deal with the release of these documents.

039

Chair Burdick

Closes the public hearing on HB 2281 and opens a public hearing on HB 2268.

HB 2268 – PUBLIC HEARING

041

William E. Taylor

Counsel.  Describes HB 2268 relating to modifying the rules governing the appraisal exchanges in condemnation actions.  Introduces written testimony from Donald Joe Willis in support of HB 2268 with his proposed amendment (EXHIBIT E).

052

Wendy Johnson

Deputy Director, Oregon Law Commission.  Submits testimony and testifies in support of HB 2268 (EXHIBIT F).

095

Chair Burdick

Inquires about the amendment that was added in the House.

097

Johnson

Replies with information on the minimal amendment approved by the House.

103

Paul Snyder

Association of Oregon Counties.  Testifies in support of HB 2268.

110

Chair Burdick

Talks about the amendment proposed by Donald Willis in his testimony (Exhibit E).

122

Chair Burdick

Closes the public hearing on HB 2268 and adjourns the meeting at 2:18 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. HB 2275, written testimony, Wendy Johnson, 6 pp
  2. HB 2275, written testimony, Shani Fuller, 3 pp
  3. HB 2279, written testimony, Nancy Miller, 1 p
  4. HB 2281, written testimony, Kingsley Click, 3 pp
  5. HB 2268, written testimony, Donald Willis, 7 pp
  6. HB 2268, written testimony, Wendy Johnson, 5 pp