SENATE COMMITTEE ON JUDICIARY

 

 

May 03, 2005                                                                                                       Hearing Room 343

1:00 P.M.                                                                                                                  Tapes 128 - 129

 

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

                                                Joe O'Leary, Counsel

                                                Sam Sears, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD:

SB 881 – Work Session

SB 221 – Work Session

SB 568 – Work Session

HB 2287 – Public Hearing and Work Session

HB 2288 – Public Hearing and Work Session

HB 2289 – Public Hearing and Work Session

HB 2290 – Public Hearing and Work Session

HB 2291 – Public Hearing and 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 128, A

003

Chair Burdick

Calls the meeting to order at 1:16 p.m. and opens a work session on SB 881.

SB 881 – WORK SESSION

010

Joe O’Leary

Counsel.  Describes SB 881 relating to prescribing instructional programs for court-appointed trustees.  Introduces and discusses the -3 amendment (EXHIBIT A).

045

Chair Burdick

Inquires if the -3 is all inclusive.

049

O’Leary

Replies that the -3 replaces the entire bill.

052

Michelle Rossolo

Legislative Aide, Sen. Monnes Anderson.  Testifies in support of the -3 amendment.

059

Bradd Swank

Oregon Judicial Department.  Discusses the changes made in the -3 amendment.

090

Swank

Talks about the sunset clause in the -3 amendment.

110

Chair Burdick

Asks about if the Chief Justice could expand the scope of the program.

111

Swank

Replies that they could choose such an option.

116

Sen. Beyer

Inquires about the problem that this bill is attempting to fix.

121

Rossolo

Explains the problems facing judges when identifying and assigning court appointed trustees.

138

Sen. Prozanski

Addresses section 5 of the -3 amendment dealing with the sunset clause.

141

Swank

Discusses the sunset provision in the bill and how they can regulate its continuation.

154

Sen. Whitsett

Asks about the continuing education requirements required for court appointed trustees.

160

Swank

Stresses that there are no continuing education requirements in the -3 amendment.

171

Sen. Starr

MOTION:  Moves to ADOPT SB 881-3 amendments dated 5/3/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

174

Chair Burdick

Hearing no objection, declares the motion CARRIED.

174

Sen. Starr

MOTION:  Moves SB 881 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

178

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. MONNES ANDERSON will lead discussion on the floor.

181

Chair Burdick

Closes the work session on SB 881 and opens a work session on SB 221.

SB 221 – WORK SESSION

183

William E. Taylor

Counsel.  Describes SB 221 relating to making certain information obtained by the Department of Human Services in connection with special morbidity and mortality studies confidential, nondiscoverable, and inadmissible in any proceeding and exempt from disclosure under public records law.  Introduces the -1 amendment (EXHIBIT B).

195

Alan Tresidder

Oregon Trial Lawyers Association.  Testifies in support of SB 221.

213

Paul Cieslak

Department of Human Services.  Testifies in support of SB 221.

219

Starr

Asks if they support the -1 amendment.

221

Cieslak

Replies yes.

226

Sen. Starr

MOTION:  Moves to ADOPT SB 221-1 amendments dated 3/1/05.

228

Sen. Prozanski

Declares his support for the -1 amendment and asks for more authority for this agency to more accurately complete their job.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

262

Chair Burdick

Hearing no objection, declares the motion CARRIED.

265

Sen. Starr

MOTION:  Moves SB 221 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

268

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

277

Chair Burdick

Closes the work session on SB 221 and asks unanimous consent to suspend the rules to reconsider SB 568.

282

Sen. Starr

MOTION:  Moves to RECONSIDER the vote by which SB 568 was moved to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

288

Chair Burdick

Hearing no objection, declares the motion CARRIED.

290

Chair Burdick

Opens a work session on SB 568.

SB 568 – WORK SESSION

291

Taylor

Counsel.  Describes SB 568 relating to increasing the fines and imposes suspension of driving privileges for persons who exceed the speed limit or designated speed by more than 30 miles per hour or who drives 100 miles per hour or greater.  Introduces and describes the -1 amendment (EXHIBIT C).

305

Sen. Prozanski

Details why this bill needed an amendment and why it is before the committee once again.

325

Sen. Walker

Inquires about the speeding violations covered under this statute.

330

Sen. Prozanski

Discusses the different violations covered under the bill.

367

Sen. Walker

Asks about emergencies requiring excessive speeds.

373

Sen. Prozanski

Addresses the “choice of evils” defense.

385

Sen. Starr

MOTION:  Moves to ADOPT SB 568-1 amendments dated 4/29/05.

 

 

VOTE:  7-0-0

388

Chair Burdick

Hearing no objection, declares the motion CARRIED.

390

Sen. Starr

MOTION:  Moves SB 568 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0-0

393

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

397

Chair Burdick

Closes the work session on SB 568 and opens a public hearing on HB 2287.

HB 2287 – PUBLIC HEARING

399

Sam Sears

Counsel.  Describes HB 2287 relating to authorizing additional bankruptcy documents to be presented for recordation in deed records of counties. 

420

Gary Blacklidge

Debtor/Creditor Section, Oregon State Bar.  Submits testimony and testifies in support of HB 2287 (EXHIBIT D).

TAPE 129, A

023

Sen. Ringo

Inquires if the notice would be brief; one page.

025

Blacklidge

Replies that it would most likely be one page.

034

Chair Burdick

Closes the public hearing and opens a work session on HB 2287.

SB 2287 – WORK SESSION

037

Sen. Starr

MOTION:  Moves HB 2287 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-0

040

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

041

Chair Burdick

Closes the work session on HB 2287 and opens a public hearing on HB 2288.

SB 2288 – PUBLIC HEARING

043

Sam Sears

Counsel.  Describes HB 2288 relating to allowing the distribution of proceeds form the sale of chattel in possessory lien foreclosure to persons holding subordinate lien or security interest in chattel. 

054

David Hercher

Debtor/Creditor Section, Oregon State Bar.  Submits testimony and testifies in support of HB 2288 (EXHIBIT E).

068

Sen. Walker

Declares her support of the bill.

081

Chair Burdick

Closes the public hearing and opens a work session on HB 2288.

HB 2288 – WORK SESSION

083

Sen. Starr

MOTION:  Moves HB 2288 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-0

086

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

089

Chair Burdick

Closes the work session on HB 2288 and opens a public hearing on HB 2289.

HB 2289A – PUBLIC HEARING

091

Sam Sears

Counsel.  Describes HB 2289A relating to allowing the claiming of successor to a small estate or personal representative to file one or more supplemental affidavits at any time after the filing of original affidavit for the purpose of amending the original affidavit.  Introduces the –A2 amendment (EXHIBIT F).

112

Ryan Gibb

Elder Law Section, Oregon State Bar (OSB).  Submits testimony and testifies in support of HB 2289A (EXHIBIT G).

152

Chair Burdick

Inquires if the –A2 amendments change the intent of the bill.

154

Gibb

Replies that they do not.

155

Sen. Ringo

Asks about the filing period for these affidavits.

158

Gibb

Responds with information on the deadline for affidavits.

164

Sen. Ringo

Raises concerns with granting unlimited amounts of time to file these affidavits.

169

Gibb

Stresses that the OSB does not seek unlimited amounts of time, goes on to talk about the reasoning behind the bill.

184

Sen. Ringo

Wonders about merely letting these estates to become re-opened.

188

Gibb

Addresses the issue raised by Sen. Ringo relating to the opening and closing of these types of cases.

196

Chair Burdick

Asks what occurs when an individual who found additional property that increases the value to outside the definition of a small estate.

198

Gibb

States that they have a bill in the House addressing this issue.

209

Sen. Whitsett

Inquires how a personal representative can ever truly be complete with their job and be dismissed by the court.

215

Gibb

Offers information on the statutory authority of personal representatives.

234

Chair Burdick

Closes the public hearing and opens a work session on HB 2289.

HB 2289 – WORK SESSION

239

Sen. Starr

MOTION:  Moves to ADOPT HB 2289-A2 amendments dated 5/2/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

243

Chair Burdick

Hearing no objection, declares the motion CARRIED.

245

Sen. Starr

MOTION:  Moves HB 2289 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

247

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

250

Chair Burdick

Closes the work session on HB 2289 and opens a public hearing on HB 2290.

HB 2290 – PUBLIC HEARING

251

Sam Sears

Counsel.  Describes HB 2290 relating to extending the time for filing accountings by personal representative and conservator from 30 to 60 days after specified events.  Introduces and describes the -1 amendment (EXHIBIT H).

274

Ryan Gibb

Elder Law Section, Oregon State Bar.  Submits testimony and testifies in support of HB 2290 (EXHIBIT I).

330

Gibb

Discusses the -1 amendment.

341

Chair Burdick

Asks if the court retains their ability to extend the time.

343

Gibb

Replies that they still have this ability.

354

Chair Burdick

Closes the public hearing and opens a work session on HB 2290.

HB 2290 – WORK SESSION

358

Sen. Starr

MOTION:  Moves to ADOPT HB 2290-1 amendments dated 5/2/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

362

Chair Burdick

Hearing no objection, declares the motion CARRIED.

364

Sen. Starr

MOTION:  Moves HB 2290 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

367

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

372

Chair Burdick

Closes the work session on HB 2290 and opens a public hearing on HB 2291.

HB 2291 – PUBLIC HEARING

374

Sam Sears

Counsel.  Describes HB 2291 relating to allowing the trustee of a trust to bring an action on behalf of the abused trustor or abused spouse of trustor who is incapacitated or 65 or more years of age. 

391

Ryan Gibb

Elder Law Section, Oregon State Bar.  Submits testimony and testifies in support of HB 2291 (EXHIBIT J).

315

Chair Burdick

Closes the public hearing and opens a work session on HB 2291.

HB 2291 – WORK SESSION

421

Sen. Starr

MOTION:  Moves HB 2291 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

426

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WHITSETT will lead discussion on the floor.

428

Chair Burdick

Closes the public hearing on HB 2291 and adjourns the meeting at 2:10 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 881, -3 amendment, Sen. Monnes Anderson, 3 pp
  2. SB 221, -1 amendment, staff, 1 p
  3. SB 568,  -1 amendment, staff, 1 p
  4. HB 2287, written testimony, Gary Blacklidge, 1 p
  5. HB 2288, written testimony, David Hercher, 1 p
  6. HB 2289, -A2 amendment, staff, 2 pp
  7. HB 2289, written testimony, Ryan Gibb, 2 pp
  8. HB 2290, -1 amendment, staff, 1 p
  9. HB 2290, written testimony, Ryan Gibb, 1 p
  10. HB 2291, written testimony, Ryan Gibb, 1 p