SENATE COMMITTEE ON JUDICIARY

 

 

May 10, 2005                                                                                                       Hearing Room 343

1:00 P.M.                                                                                                                  Tapes 131 - 132

Corrected 10/26/05

 

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Charles Starr, Vice-Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Vicki Walker

Sen. Doug Whitsett

 

MEMBER EXCUSED:          Sen. Charlie Ringo

 

 

STAFF PRESENT:                 William E. Taylor, Counsel

                                                Sam Sears, Counsel

Dale Penn, Committee Assistant

 

MEASURES/ISSUES HEARD:

HB 2982 – Public Hearing and Work Session

HB 2983 – Public Hearing and Work Session

HB 3324 – Public Hearing and Work Session

HB 2632 – Public Hearing and Work Session

HB 2633 – Public Hearing and Work Session

HB 2980 – 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 131, A

003

Chair Burdick

Calls the meeting to order at 1:13 p.m. and opens a public hearing on HB 2982.

HB 2982 – PUBLIC HEARING

007

William E. Taylor

Counsel.  Describes HB 2982 relating to modifying the time periods for which the records of financial institution may be disclosed to law enforcement authorities.

017

Tom Perrick

President, Oregon Bankers Association.  Testifies in support of HB 2982.  Talks about the statutory changes they seek through this bill.

045

Raul Ramirez

Marion County Sheriff.  Testifies in support of HB 2982.  Declares the support from law enforcement on this bill.

061

Chair Burdick

Asks about current law on the issue of deadlines and limitations.

069

Jeff Kaer

Addresses the current law on investigatory methods and the abilities of law enforcement relating to deadlines for these investigations.

086

Sen. Walker

Inquires about the release of bank records without a subpoena or other legal form of demands.

089

Perrick

Replies that they would not release this information without the proper legal documents.

094

Chair Burdick

Closes the public hearing on HB 2982 and opens a public hearing on HB 2983.

HB 2983 – PUBLIC HEARING

099

Sam Sears

Counsel.  Describes HB 2983 relating to lowering the age of persons to whom special rates or services are permitted under law prohibiting discrimination based on age by a place of public accommodation from 55 to 50.

109

Tim Martinez

Oregon Bankers Association.  Testifies in support of HB 2983.

128

Rick Bennett

American Association of Retired Persons of Oregon.  Testifies in support of HB 2983.

131

Chair Burdick

Asks if they believe they’re out of compliance with state law relating to discounts and benefits for their members because they would be offering benefits only to age 55 plus after this bill passes.

140

Bennett

Replies that he does not believe they have any special rates or services offered to members of their organization at age 50.

155

Martinez

Stresses that any group targeting services to groups aged 50 or above would be violating this rule, and are at risk.

177

Chair Burdick

Closes the public hearing on HB 2983 and opens a public hearing on HB 3324.

HB 3324 – PUBLIC HEARING

180

William E. Taylor

Counsel.  Describes HB 3324 relating to allowing an Oregon bank or trust company to be organized as a limited liability company (LLC).

186

Tim Martinez

Oregon Bankers Association.  Testifies in support of HB 3324.

210

Fred Postlewait

President, Oregon Community Bank, Newport, Oregon.  Submits testimony and testifies in support of HB 3324 (EXHIBIT A).  Describes the different types of services/loans his bank offers to the local community.

240

Postlewait

Talks about his past experiences in leading a small town community bank in Lincoln City. 

271

Postlewait

Details how his bank can remain viable in its community over the next few years.  Discusses the need to allow small community banks to be converted into LLCs.

310

Postlewait

Continues reading testimony relating to converting a community bank into an LLC.

336

Sen. Whitsett

Asks how much working capital is required to be held, undispersed, by an LLC.

343

Postlewait

Describes the tax responsibilities, and liabilities, inherent with an LLC, as well as the amount of working capital required to be retained.

368

Pam Levitt

Credit Union Association of Oregon.  Clarifies the issue of tax liabilities for owners of the different types of banks.

387

Chair Burdick

Closes the public hearing on HB 3324 and opens a public hearing on HB 2632.

HB 2632 – PUBLIC HEARING

392

William E. Taylor

Counsel.  Describes HB 2632 relating to modifying the interest rate payable on certain general pecuniary devises.

399

Tim Martinez

Oregon Bankers Association.  Testifies in support of HB 2632.

420

Chair Burdick

Closes the public hearing on HB 2632 and opens a public hearing on HB 2633.

HB 2633 – PUBLIC HEARING

423

William E. Taylor

Counsel.  Describes HB 2633 relating to modifying the provisions regarding compensation of personal representatives in probate proceedings.

428

Tim Martinez

Oregon Bankers Association.  Testifies in support of HB 2633.

TAPE 132, A

010

Chair Burdick

Closes the public hearing on HB 2633 and opens a public hearing on HB 2980.

HB 2980 – PUBLIC HEARING

013

William E. Taylor

Counsel.  Describes HB 2980 relating to specifying that notices of foreclosure sales involving a trust deed are effective when mailed.

017

Tim Martinez

Oregon Bankers Association.  Testifies in support of HB 2980.

037

Chair Burdick

Closes the public hearing on HB 2980 and opens a work session on HB 2982.

HB 2982 – WORK SESSION

040

Sen. Starr

MOTION:  Moves HB 2982 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

042

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

043

Chair Burdick

Closes the work session on HB 2982 and opens a work session on HB 2983.

HB 2983 – WORK SESSION

045

Sen. Starr

MOTION:  Moves HB 2983 to the floor with a DO PASS recommendation.

049

Sen. Prozanski

Discusses his possible conflict of interest by now being above the age of 50.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

053

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

057

Chair Burdick

Closes the work session on HB 2983 and opens a work session on HB 3324.

HB 3324 – WORK SESSION

058

Sen. Starr

MOTION:  Moves HB 3324 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

061

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WHITSETT will lead discussion on the floor.

063

Chair Burdick

Closes the work session on HB 3324 and opens a work session on HB 2632.

HB 2632 – WORK SESSION

065

Sen. Starr

MOTION:  Moves HB 2632 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

068

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. STARR will lead discussion on the floor.

070

Chair Burdick

Closes the work session on HB 2632 and opens a work session on HB 2633.

HB 2633 – WORK SESSION

075

Sen. Starr

MOTION:  Moves HB 2633 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

077

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

080

Chair Burdick

Closes the work session on HB 2633 and opens a work session on HB 2980.

HB 2980 – WORK SESSION

083

Sen. Starr

MOTION:  Moves HB 2980 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

086

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

088

Chair Burdick

Closes the work session on HB 2980 and adjourns the meeting at 1:45 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. HB 3324, written testimony, Fred Postlewait, 3 pp